Newland
United States v. Newland
Opinion
Lead Opinion
Nelson, J.
Nick Newland appeals the sentence imposed upon his jury conviction of two counts of conspiracy and three counts of money laundering. Newland contends that the district court erred in applying § 4B1.1, the career offender provision of the United' States Sentencing Guidelines. The government also appeals the sentence and contends that the district court erred because it refused to consider drug quantities imported and possessed by Newland’s coconspirators when it determined Newland’s base offense level for conspiracy. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.
FACTUAL AND PROCEDURAL BACKGROUND
In 1988, the government uncovered evidence of a criminal organization (the “Guzman organization”) that imported large quantities of cocaine and marijuana from Mexico to Arizona. Nick Newland assisted the organization in various ways. For example, New-land purchased a Tucson warehouse that was later used to store contraband that had been imported by the Guzman organization. On March 24,1993, a federal grand jury charged Newland with (1) conspiracy to import cocaine and importation of cocaine in violation of 21 U.S.C. § 952 (a) and 18 U.S.C.…