United States v. Miguel Angel Chavez-Gutierrez

Miguel Angel Chavez-Gutierrez (Chavez-Gutierrez) appeals from the sentence of 45-months’ months’ imprisonment imposed following his guilty plea to aiding and abetting the distribution of a controlled substance on June 28, 1990, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Chavez-Gutierrez contends that the district court erroneously applied Section 1B1.3 of the United States Sentencing Commission Guidelines Manual (Sentencing Guidelines) in calculating his offense level based on the quantity of cocaine distributed by other persons prior to June 28, 1990.

We vacate the judgment of sentence and remand to the district court because we conclude that the presentence report does not contain facts that support the district court’s ruling that Chavez-Gutierrez was accountable for narcotics violations committed by others prior to June 28, 1990.

I.

On July 17, 1990, Chavez-Gutierrez and five others were charged in a seven-count indictment. Chavez-Gutierrez was named in two counts. Count one of the indictment charged Chavez-Gutierrez and his five co-defendants with conspiring between January 1, 1990 and July 11, 1990 to distribute 500 grams of cocaine in violation of 21…