United States v. Humberto Sanchez

Appellant Humberto Sanchez was sentenced to 185 months imprisonment for possession of approximately 1500 pounds of cocaine with intent to distribute. Sanchez appeals his sentence, claiming the district court erroneously concluded it lacked discretion to depart downward. We affirm. Background

Shortly after Sanchez’s arrest for the instant offense, the government seized most of Sanchez’s assets, claiming they were purchased with proceeds from drug trafficking. Eventually, Sanchez and the government entered into a settlement agreement. Sanchez agreed to surrender most of his property, but was permitted to keep one house, several cars, and some jewelry. The civil forfeiture settlement agreement also stated:

In separate criminal proceedings, Sanchez pleaded guilty to possession of cocaine with intent to distribute. That plea agreement stated, in relevant part:

As the plea agreement anticipated, Sanchez argued below that his conduct constituted substantial assistance within the meaning of Section 5K1.1 of the Sentencing Guidelines. United States Sentencing Commission, Guidelines Manual, § 5K1.1 (Nov. 1990). Sanchez also argued the district court should depart downward in any event…