Cazares
United States v. Cazares
Opinion
Lead Opinion
Schwarzer, J.
In November 1994, a confidential informant arranged to purchase 1.5 kilograms of cocaine from defendant Francisco Alvarez-Sanchez. On December 14, the informant and Alvarez-Sanchez met to consummate the deal. Defendant Adrian Parra Cazares retrieved the drugs from his apartment and delivered them to the informant and Alvarez-Sanchez. Immediately following the transaction, Parra Cazares and Alvarez-Sanchez were arrested.
The grand jury charged Parra Cazares and Alvarez-Sanchez in a three-count indictment with conspiracy to distribute and to possess with intent to distribute cocaine, with possession with intent to distribute cocaine, and with distribution of cocaine. 21 U.S.C. §§ 841 (a)(1), 846; 18 U.S.C. § 2 . Alvarez-Sanchez pled guilty to the conspiracy count. 1 Parra Cazares went to trial and was found guilty on all three counts. The district court, in determining the sentence for each defendant, made a two-point upward adjustment for possession of a firearm in the course of the offense. See U.S. Sentencing Guidelines Manual § 2Dl.l(b)(l) (“U.S.S.G.”). With this adjustment, Alvarez-Sanchez received a 140-month sentence; Parra Cazares was sentenced to 97 months.