United States v. Felipe Madera-Gallegos, AKA Guadalupe Gallegos Carla Rosa Gallegos, AKA Clemencia Sandoval-Dominguez

Felipe Madera-Gallegos (Felipe) and Carla Rosa Gallegos were convicted of conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. They appeal their sentences under the Sentencing Guidelines. Carla Rosa contends that the district court erred in applying the 2-level obstruction of justice enhancement and in not giving her the 4-level minimal participant reduction. Her ex-husband, Felipe, appeals only the obstruction of justice enhancement. We affirm in part; reverse and remand in part.

BACKGROUND

On November 23, 1988, an undercover U.S. Customs Agent, Elias Bazan, negotiated to purchase ten ounces of heroin from Felipe Madera-Gallegos at a Shell gas station in San Diego, California. Felipe’s wife at that time, Carla Rosa, remained in the car some distance from Felipe and the agent.

During the negotiations, Felipe told the agent that he could provide a sample of the heroin. Felipe went to the car and conferred with Carla Rosa, who immediately thereafter drove away from the gas station. Carla Rosa returned about 15 minutes later. She pulled a sample of heroin from a lipstick case and handed it to Felipe, who in turn handed the sample…