United States v. Jose Manuel Pinto, United States of America v. Edgar Florez
Opinion
Opinion
Leavy, J.
Defendants Jose Manuel Pinto (“Pinto”) and Edgar Florez (“Florez”) appeal from their sentences under the Sentencing Guidelines following their guilty pleas for conspiracy to possess with intent to distribute and to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Both defendants appeal denial of a downward departure under U.S.S.G. § 2D1.1, Application Note 16. Defendant Pinto also appeals denial of departure under § 5K2.12 and admission of evidence in his sentencing hearing without prior notice. We affirm.
FACTS AND PRIOR PROCEEDINGS
On February 1,1992, Pinto picked up a U-Haul trailer and, followed by Florez, drove to a stash house in Southern California. Pinto, Florez, and one other individual unloaded 50 large white bags containing cocaine from the U-Haul into the garage. On February 5th, 7th, and 14th, 1992, Pinto, using different vehicles originating from that garage, personally delivered a total of 738 kilograms of cocaine to various locations. On February 10th and 12th, Florez delivered a total of 200 kilograms of cocaine from the same location in a similar manner. On May 20, 1992, both Pinto and Florez were arrested.