United States v. Michael Xavier Rigby

In this sentencing guidelines appeal, appellant Michael Xavier Rigby asks us to remand for resentencing. Rigby argues that the district court committed errors in rejecting Rigby’s contention that he was entitled to a lowered base offense level as a “minor participant” in the offense. See Sentencing Guidelines § 3B1.2(b). Rigby maintains that the district court made inadequate findings concerning his role and that there should have been an evidentiary hearing.

Rigby pled guilty to possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), and to being an illegal alien in possession of a firearm in violation of 18 U.S.C. § 922 (g)(5). The facts developed at the Rule 11 plea hearing and in the presentence report indisputably establish that Rigby was an illegal alien who was the driver and sole occupant of a vehicle that was stopped by the border patrol at the Temecula checkpoint, and that Rigby was in possession of 173 grams of methamphetamine and a loaded .357 magnum handgun.

In the original presentence report, the Probation Office calculated Rigby’s base offense level at 22, after adding two points for possession of a firearm during the…