United States v. Miguel Garcia

Appellant Miguel Garcia, who pled guilty to conspiracy to distribute cocaine, appeals both the district court’s refusal to allow him to withdraw his guilty plea, as well as the enhancement of his sentence under the United States Sentencing Commission Guidelines Manual (“Guidelines”). We affirm.

FACTS

On September 22, 1988 Garcia met with an undercover officer from the Drug Enforcement Agency in order to conclude the sale of approximately 17 kilograms of cocaine. Garcia arrived at that meeting seated in the right rear passenger seat of a car driven by co-defendant Juan Soto. When the undercover agent asked to see the cocaine, Soto opened the trunk of the car where the 17 kilograms of cocaine were stored. Garcia- and another codefendant, Fernando Hernandez, were present when Soto opened the trunk. Garcia, Soto, and Hernandez were then arrested. On the day following Garcia’s and his co-conspirators’ arrests, agents searched Soto’s car and found a loaded .38 caliber handgun under the front floormat next to the transmission tunnel by the driver’s seat.

Garcia was charged in a two-count indictment with conspiracy to distribute cocaine, and with possession of cocaine with intent to…