United States v. Juan Quesada

Good Law
92 Daily Journal DAR 10895·972 F.2d 281·1992 WL 183793·1992 U.S. App. LEXIS 17676·92 Cal. Daily Op. Serv. 6819
United States Court of Appeals for the Ninth CircuitAugust 5, 199291-50479California1,402 words

Opinion

Opinion

Noonan, J.

Juan Quesada pleaded guilty to the possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (1988). His appeal is directed to objections to the Sentencing Guidelines, essentially contending that they fail to conform with the governing statutes. His contentions are not frivolous, but they are ultimately unpersuasive. We affirm his conviction and sentence.

FACTS

On June 21, 1990 an undercover agent for the Drug Enforcement Administration met with Joaquin Torres-Perez and negotiated for the delivery of cocaine. Later in the day Torres introduced Quesada to women confidential informants, who continued the negotiations. It was finally agreed that the cocaine would be delivered on June 25, 1990. Quesada was arrested as the delivery was made. The amount of cocaine he was attempting to deliver was 4.99 kilograms.

Six co-defendants were charged with Quesada. The presentence report indicates that Torres and Quesada were the principals. Quesada accepted his responsibility for the crime.

Quesada is 41 years old, is married and has two daughters age 11 and 7. He and his family live in a one-room house in Tijuana, Mexico. His wife has a heart condition and one…

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