United States v. Abel Martinez-Duran, Carrie Roger-Sandoval, AKA Roger Carrie-Sandoval

Abel Martinez-Duran appeals his twenty month sentence for use of a communication facility in committing a drug offense, claiming the district court’s upward departure was unreasonable. Roger Carrie-Sandoval appeals his twenty-four month sentence for renting or managing a building for the purpose of storing, distributing and/or using heroin, claiming it was error to add two offense levels for his role as an organizer in the offense. We remand in part and affirm in part.

DISCUSSION

I. Martinez-Duran

Under § 2D1.6 of the Sentencing Guidelines, Martinez-Duran’s base offense level was twelve. United States Sentencing Commission, Guidelines Manual, § 2D1.6 (Nov. 1989). The presentence report recommended lowering the offense level by two points for acceptance of responsibility. The guideline range for the adjusted offense level of ten and a criminal history category of I is six to twelve months. The presentence report recommended a nine month sentence.

The government filed a motion for upward departure before the sentencing hearing. The motion requested a departure to twenty-four months, because “the probation officer did not take into account that heroin was found in the car in…