United States v. Dan Demers

Dan Demers appeals his sentence after pleading guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Demers contends that the district court erred in finding as a matter of law that he was not entitled to a minor or minimal participant adjustment pursuant to U.S.S.G. § 3B1.2. The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We vacate the sentence and remand for resentencing.

FACTUAL BACKGROUND

Demers was named in a 62 count indictment charging nineteen defendants with conspiracy to distribute cocaine and other related offenses. Demers was charged with one count of conspiracy to distribute cocaine and one count of possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a). He pleaded guilty to the count of possession with intent to distribute in exchange for dismissal of the conspiracy charge.

In the plea agreement, the parties stipulated that Demers was entitled to a three point reduction in his base offense level pursuant to U.S.S.G. § 3B1.2. However, at sentencing, the district court denied Demers a § 3B1.2 mitigating role…