Meza-Avila

United States v. Meza-Avila

Good Law
44 F. App'x 131
United States Court of Appeals for the Ninth CircuitAugust 2, 2002Nos. 01-30178, 01-30289, 01-30294; D.C. No. CR-00-176-11-RE; D.C. No. CR-00-176-05-RE; D.C. No. CRr-00-176-07-RECalifornia3,266 words

Opinion

Lead Opinion

MEMORANDUM **

I. INTRODUCTION

In these related appeals, appellants contest the validity of their sentences. Appellant Jose Meza-Avila (“Meza-Avila”) challenges the district court’s calculation of his base offense level. Appellants Jose Juan Cienfuegos-Bernal, aka Alfonso Morales-Moran (“Jose Juan”), and Luis Ariel Cien-fuegos-Bernal, aka Arnulfo Payan-Perez (“Luis Ariel”), appeal two-level upward role adjustments. We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 . We VACATE the sentences imposed on Meza-Avila and Jose Juan and REMAND for resentencing. We AFFIRM the sentence imposed on Luis Ariel.

II. BACKGROUND

Sometime in 1998, Portland, Oregon law enforcement agencies recognized a pattern among individuals arrested for drug-related crimes. Arrestees identified their city of origin as Tepic, Mexico. Many were smuggled into the United States by “coyotes.” The individuals then worked as low-level distributors of heroin and cocaine and were given cars, temporary residences, pagers, cellular phones, and $200-300 per month.

In March 1999, FBI agents in cities across the country began “Operation Tar-pit,” an investigation into a Mexican drug ring based…

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