Felix

I. BACKGROUND

On June 14, 2006, Joe Raymond Felix (“Felix”) entered the United States from Mexico as the driver and sole occupant of a car registered in California. Felix and the vehicle were escorted to the secondary inspection area where officers dis- covered and removed five cellophane-wrapped packages con- 4230 UNITED STATES v. FELIX taining 13.46 kilograms of methamphetamine of 98 percent purity.

Felix was charged with one count of importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960. Felix pleaded guilty to the charged offense. A Presentence Report (“PSR”) was prepared, which assessed two criminal history points based on Felix’s two prior convictions. The first criminal history point was based on a 1999 misdemeanor con- viction in Pima County, Arizona, for “Assault, Knowingly Causing Injury (misd),” in violation of ARS § 13-1203. The second criminal history point was based on a 2001 state con- viction for an “Attempted Unlawful Transportation of Mari- juana for Sale.”1 These two criminal history points placed Felix in criminal history category II, rendering him ineligible for the benefit of the safety valve provision under United…