United States v. Jose Becerra Salvatore Larizza Gabriel Becerra

A 14-month undercover investigation of suspected organized crime in the Puget Sound region led to the arrest of Gabriel and Jose Becerra and Salvatore LaRizza for cocaine and heroin conspiracy. A jury convicted LaRizza of distribution of and conspiracy to distribute cocaine and heroin and interstate travel in aid of racketeering. The Be-cerras pleaded guilty to one count of conspiracy to distribute cocaine. The district court sentenced all three to 20-year statutory mandatory minimum sentences. LaRizza appeals his conviction and sentence. The Becerras appeal their sentences. We reverse LaRizza’s conviction because the district court did not instruct the jury on entrapment. We affirm Gabriel Becerra’s sentence but reverse Jose Becerra’s sentence and remand for resentencing because the court erroneously determined his base offense level.

I

Although the parties disagree about many of the facts, the following is undisputed. In early 1990, the FBI and the Seattle Police Department began investigating organized crime in the Puget Sound area. In an attempt to infiltrate Seattle’s Colaeurcio family, well-known to law enforcement for involvement in criminal activity, Detective Richard…