United States v. Robert Goroza

The United States appeals the district court’s downward departure from the range prescribed by the United States Sentencing Guidelines in sentencing Robert Goroza. We reverse and remand for resen-tencing.

FACTS

In August, 1988, Goroza was informed by Jaime Sapla that he knew of a potential cocaine buyer to whom they could sell cocaine. In order to secure a source for the cocaine, Goroza contacted his niece, Sherry Joseph, who arranged to obtain cocaine from her roommate, Paul Valov. One ounce of cocaine was eventually delivered by Joseph to Goroza and then to the buyer, a Drug Enforcement Administration agent working undercover.

Shortly thereafter, plans for a second sale of cocaine were made with the DEA agent. On September 2, 1988, Goroza drove to Joseph and Valov’s apartment to obtain cocaine to deliver to the DEA agent. After obtaining the cocaine, Goroza drove to meet the undercover officer, where he was arrested.

Goroza agreed to cooperate with federal agents after his arrest. He provided the authorities detailed information that implicated Joseph, Valov, and Sapla. In the course of doing so, Goroza told federal agents that Valov had physically delivered the cocaine that…