United States v. Maxwell Rangel Joelson, AKA El Santero

Maxwell Rangel Joelson appeals his conviction and sentence, following a jury trial, for various drug offenses. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . We affirm Joelson’s conviction, but we vacate his sentence and remand for re-sentencing because the district court improperly increased his offense level by two levels under U.S.S.G. § 2Dl.l(b)(2).

I

In August 1990, the government charged Joelson with one count of conspiracy to import approximately 770 kilograms of cocaine in violation of 21 U.S.C. §§ 952 and 963, one count of conspiracy to possess and to distribute approximately 770 kilograms of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, one count of aiding and abetting the importation of approximately 770 kilograms of cocaine in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2 , and one count of possession with intent to distribute approximately 770 kilograms of cocaine in violation of 21 U.S.C. § 841 (a)(1).

In February 1991, Joelson was convicted by a jury on all counts after an eight-day trial at which he did not testify. During the trial, the government presented evidence that Joelson (1) arranged with a Drug Enforcement…