United States Fourth Circuit

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US v. Flores-Alvarado, 13-4464

In this case, defendant pleaded guilty to conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine and 1000 kilograms or more of marijuana, and possession with intent to distribute more than 100 kilograms of marijuana. The district court sentenced defendant to life imprisonment on the conspiracy charge and a concurrent term of 480 months' imprisonment on the possession with intent to distribute charge. Defendant challenges his sentence on appeal. The sentence is vacated and the case is remanded for resentencing, where, because the presentence report does not contain facts sufficient to show that the drug quantities obtained in police seizures were within the scope of the criminal activity jointly undertaken by defendant, and because the district court failed to make any findings on this critical point, the factual findings underlying the court's drug quantity calculations are inadequate.

Appellate Information

  • Decided 03/11/2015
  • Published 03/11/2015

Judges

  • Traxler

Court

  • United States Fourth Circuit

Counsel