Lopez-Sandoval
United States v. Lopez-Sandoval
Opinion
Lead Opinion
Pregerson, J.
Carlos Lopez-Sandoval and Moisés Gonzalez appeal their sentences for conspiracy to distribute cocaine under 21 U.S.C. §§ 841 and 846, distribution of cocaine under 21 U.S.C. § 841 , and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 and 812. Lopez-Sandoval and Gonzalez contend that the district court erred by applying a firearm enhancement under U.S.S.G. § 2Dl.l(b)(l). We affirm.
Gonzalez also appeals the district court’s two-level increase to his sentence under U.S.S.G. § 3Bl.l(c) because the court determined that Gonzalez was a leader of the conspiracy. We reverse the district court’s ruling that imposed the two-level enhancement under § 3B 1.1(c).
BACKGROUND
In August 1996, members of the Skagit County Interlocal Drug Enforcement Unit (“SCIDEU”) initiated an undercover investigation of Carlos Lopez-Sandoval and Moisés Gonzalez. Between August 1996 and November 1996, the defendants were involved in four different distributions of cocaine to an informant working with SCIDEU. The defendants were arrested during the last cocaine transaction on November 7,1997. Following their arrest, the police executed search warrants at each defendant’s…