Passwaiter

United States v. Passwaiter

Good Law

106 F. Supp. 2d 997·2000 WL 1028998·2000 U.S. Dist. LEXIS 11990

United States District Court, Northern District of CaliforniaJuly 20, 2000C-99-20840 JFCalifornia1,150 words

Opinion

Fogel, J.

ORDER DENYING DEFENDANT’S MOTION TO VACATE, SET ASIDE, OR MODIFY SENTENCE PURSUANT TO 28 U.S.C. § 2255

Defendant moves to vacate, set aside or modify his sentence. The Government opposes the motion. Defendant’s motion was taken under submission without oral argument. For the reasons set forth below, the motion will be denied.

I. BACKGROUND

Defendant was prosecuted as part of a “boat case” in which thirty three defendants were convicted of conspiracy to import and off-load 20,000 pounds of marijuana onto a beach in Santa Cruz, California. Defendant permitted the use of his boat as a lookout or pilot boat, permitted the use of his truck, assisted in loading the marijuana once it reached the shore, and recruited an individual to help with the offloading the night before the drugs were to arrive.

Pursuant to a plea agreement, Defendant pleaded guilty to conspiracy to import marijuana in violation of 21 U.S.C. § 963 . The Pre-Sentence Report found his sentencing guideline range to be 292 - 365 months, based on a total offense level of 35 and a criminal history category of VI. The sentencing judge declined to adopt all of the downward departures requested by Defendant but did…

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