United States v. Silverio Alvarado Avila

Silverio Alvarado Avila (“Avila”) appeals his sentence following a consolidated guilty plea, for conspiracy to distribute and distribution of a mixture containing heroin, distribution of cocaine, and conspiracy to distribute cocaine. We affirm the district court’s sentence.

BACKGROUND FACTS

On September 22, 1988, Avila was indicted for three separate drug trafficking conspiracies. Avila’s involvement in the conspiracies varied from that of the supplier to that of the salesman and distributor. During the course of the conspiracies, Avila indicated that he could obtain any amount of drugs that the undercover policeman, “Bobby,” requested. Avila had a reputation for being a “heavy drug dealer” involved in trafficking on the multi-kilo level.

Avila was granted pretrial release as to all of the indictments. From September 21, 1988 through February 24, 1989, Avila violated his pretrial release by absconding from supervision. Three of his four co-conspirators were convicted and sentenced in January. The fourth absconded from pretrial release and remains a fugitive.

On May 1, 1989, pursuant to a plea agreement with the government, Avila pled guilty to conspiracy to distribute cocaine,…