United States v. Felipe Beltran-Felix

Defendant Beltran-Felix pled guilty to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Beltran-Felix was sentenced to a five-year term of imprisonment, and he now appeals. A sentence in a criminal case is a final order subject to appeal under 28 U.S.C. § 1291 . We affirm.

I

Defendant Beltran-Felix was “cooking” methamphetamine when a large number of police officers unexpectedly dropped by and arrested him. Although Beltran-Felix was interrupted before he could finish “cooking,” he does not assert that at the time of his arrest he possessed only chemicals that could be used to make methamphetamine. Rather, defendant possessed methamphetamine, though it had not yet been processed into its final form.

On May 5, 1989, defendant made bail and was released from custody. On June 7, 1989, defendant fled to Mexico and failed to appear for scheduled court proceedings. On September 18, 1989 defendant was once again apprehended, this time by the U.S. Marshal’s Office.

On November 20,1989 defendant entered a plea of guilty to possession with intent to distribute approximately 29 grams of methamphetamine contained in a liquid solution of 192…