United States v. Sergio Rafael Gonzalez

Sergio Rafael Gonzalez was an Immigration and Naturalization Service [INS] inspector who accepted bribes to allow what he thought were loads of illegal drugs to pass through the Calexico Port of Entry [the Ca-lexico Port]. Following his arrest, he provided a full confession and subsequently pled guilty to accepting bribes and conspiracy to accept bribes. At sentencing, the district court increased his base offense level for abuse of trust under U.S.S.G. § 3B1.3, and refused to decrease it for acceptance of responsibility under § 3E1.1. Gonzalez appeals, contending the district court erred in granting the increase for abuse of trust and denying the reduction for acceptance of responsibility. We affirm the increase for abuse of trust, but reverse the denial of the acceptance of responsibility reduction and remand for resentencing in accordance with this opinion.

I.

In July of 1990, the Federal Bureau of Investigation [FBI] learned from a confidential informant that certain INS and/or Customs Service inspectors at the Calexico Port were permitting shipments of drugs to enter into the United States without inspection.

The FBI began an investigation, having the informant and an…