United States v. Lauro Aguilar-Canche

Good Law
835 F.3d 1012·2016 U.S. App. LEXIS 15912
United States Court of Appeals for the Ninth CircuitAugust 29, 201615-30209 15-30210California3,020 words

Opinion

Opinion

Smith, J.

In 2008, Lauro Aguilar-Canche pleaded guilty in two separate federal drug distribution cases. The district court, in a consolidated sentencing proceeding, imposed the mandatory minimum sentence for each plea, and ordered that the sentences be served consecutively. In 2015, Aguilar-Canche moved for a reduction in sentence based on an amendment to the United States Sentencing Guidelines. We affirm the district court’s denial of that motion because the sentences were not “based on” a subsequently-amended Guideline range.

FACTS AND PRIOR PROCEEDINGS

In 2005, Aguilar-Canche was pulled over in Nebraska for a traffic stop. During the stop, police searched his car and discovered 620 grams of a substance containing methamphetamine and 973.net grams of cocaine. He was charged in the District of Nebraska with possession and intent to distribute cocaine and methamphetamine. The Nebraska court released him on bond to the Western District of Washington, with the requirement that he wear an electronic ankle bracelet while he awaited trial. While he was on supervised release in Washington, he was implicated in another drug distribution investigation. Law enforcement in Washington…

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