United States v. Evadelia Sustaita, United States of America v. Joel Lopez Rocha
Opinion
Opinion
Goodwin, J.
Appellants Rocha and Sustaita were sentenced to 136 months and 169 months in prison, respectively, for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 841 and 21 U.S.C. § 846 and for distribution and aiding and abetting the distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We affirm the sentence of Rocha. We reverse the sentence of Sustaita and remand for resentencing.
Rocha
On seven different occasions, Rocha sold heroin to undercover narcotics detectives. In total, he personally distributed 200 grams of heroin. Immediately before trial, Rocha pleaded guilty to one count of conspiracy and to seven counts of distribution of a controlled substance.
Prior to his sentencing hearing, Rocha filed two memoranda of disputed sentencing facts. He challenged the government’s calculation of the amount of drugs involved in the conspiracy and whether such amount was reasonably foreseeable to him. He also claimed that the prosecution impermissibly refused to offer him a favorable plea bargain. The sentencing judge rejected Rocha’s arguments. Rocha’s base offense level was set at 34 based upon a finding that, prior to…