Romero

United States v. Romero

Good Law
27 F. App'x 880
United States Court of Appeals for the Ninth CircuitDecember 13, 2001Nos. 00-50493, 00-50644; D.C. No. CR-00-00376-IEGCalifornia958 words

Opinion

Lead Opinion

MEMORANDUM *

Ramon Romero appeals his conviction and sentence for importing marijuana into the United States in violation of 21 U.S.C. §§ 952 and 960, and for possessing with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1). The United States cross-appeals Romero’s sentence. Romero argues that the district court erred in failing to suppress his post-arrest statement, in failing to declare a mistrial based on the government’s alleged Doyle violation, and in denying Romero’s motion to dismiss the indictment for alleged Ap-prendi error. The United States argues that the district court should have adjusted Romero’s sentence upward because he used his minor sister to avoid detection. We agree with the United States that the district court should have increased Romero’s sentence for use of a minor, and we *881 hold Romero’s arguments on appeal to be without merit.

The government requested a two-level enhancement under Section 3B1.4 of the Sentencing Guidelines, which provides that “if the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase…

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