United States v. Bernardo Louisiano Navarro

Bernardo Louisiano Navarro, serving 63 months for his involvement in a conspiracy to distribute cocaine and heroin, seeks re-sentencing. He argues that drugs sold after the end of his participation in the conspiracy were improperly used in calculating his sentence. The question presented by his appeal is whether the district court erred in its application of the Sentencing Guidelines by failing to make a factual determination of relevant sentencing factors. We hold that it did and remand for resentencing.

I

DEA agents and a confidential informant conducted an undercover investigation of drug trafficking by members of the Medina-Lopez family at the Race Track Tavern in Yakima, Washington. Six defendants, including Navarro, were named in the resulting nine-count indictment. A jury convicted Navarro on three counts: conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 (1988), distribution of two grams of heroin in violation of 21 U.S.C. § 841 (a)(1) (1988) and using a communication facility (a telephone) to facilitate the commission of a felony in violation of 21 U.S.C. § 843 (b) (1988). The remaining counts were substantive charges alleging narcotics…