United States v. John Salazar

This is another sentencing appeal. John Salazar, while an inspector at a port of entry from Mexico,- allowed vans containing 1,615 kilograms of cocaine to pass through his inspection lane. He argues that his sentence should not have been computed on the cocaine volume for the reason that he agreed to favor importation of marijuana, but not cocaine. We reject his argument and affirm.

Salazar pleaded' guilty to conspiring to import a controlled substance and to official corruption. There is no fact dispute. From July, 1990, through July, 1991, Salazar accepted bribes in exchange for allowing vehicles containing drugs to enter the United States through his inspection lanes. On June 20, 1991, he allowed two vans through his inspection lane. Federal agents searched the vans later and found secreted inside 170 kilograms of marijuana and 1615 kilograms of cocaine. On this record we assume that Salazar agreed to allow the importation of marijuana, but knew nothing of the cocaine.

In the sentencing the district court began with 42 base offense points by considering only the base offense of importation of more than 1500 kilograms of cocaine. U.S.S.G. § 2D1.1(a)(3) (Nov. 1991). Salazar…