United States v. Nilo Medina Cueto

Nilo Cueto pled guilty to one count of attempted possession with intent to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine and cocaine. Cueto raises four challenges to his sentence on appeal: (1) he is entitled to a one-level reduction for acceptance of responsibility because the 1992 amendment to Sentencing Guideline § 3E1.1 should apply retroactively; (2) the district court erred by adding a weapon enhancement to a base offense level determined by aggregating the drug quantity from all three counts; (3) the district court erred by not granting a downward departure for substantial assistance to the government, even though the government never made the required motion; and (4) due process requires the district court to find that a defendant had the mens rea to be involved with a specific quantity of drugs before imposing a mandatory minimum sentence. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm his sentence.

I

In May of 1991, Customs Inspectors at Anchorage International Airport discovered a package containing a wooden statue filled with 173 grams of methamphetamine. Customs Agents removed the…