United States v. Victor Manuel Valencia-Roldan

This criminal appeal raises several questions for review including whether 21 U.S.C. § 845b, which makes it unlawful to employ minors in drug trafficking, is a sentence enhancement or separate offense statute. We conclude that the district court properly construed section 845b as a separate offense statute and we affirm the judgment of conviction.

I

Valencia-Roldan (“Valencia”) shared an apartment in Eagle Rock, California with his girlfriend, Martha Lopez, who was a minor at all times relevant to these events. On June 19, 1988, Juan Fredy Ramirez-Ar-boleda (“Ramirez”), who was temporarily staying with Valencia and Lopez, took $13,-000 from the apartment and, under instructions from the appellant, who was in Alaska at the time, purchased one kilogram of cocaine. Ramirez then taped the cocaine to Lopez’s back and drove her to Los Angeles International Airport, where she was scheduled to take a flight to Fairbanks, Alaska. Lopez was arrested before she could board the plane.

During the course of her post-arrest interrogation, Lopez consented to a search of the apartment she shared with Valencia. Los Angeles Police Department Detective Searle and Drug Enforcement Administration…