United States v. Evelyn Jimenez

Evelyn Jimenez appeals her conviction and sentence for importation and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). Jimenez’s principal contention is that the district court erred by enhancing her sentence pursuant to United States Sentencing Guidelines . (“U.S.S.G.”) § 3B1.4, for use of a minor to commit a crime, and § 3C1.1, for obstruction of justice. She also argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), rendered 21 U.S.C. §§ 841 and 960 unconstitutional; the district court erred by refusing to admit the notes from Jimenez’s interrogation into evidence; and insufficient evidence supported her conviction for importation because she was under official restraint when she entered the United States. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). Of the issues presented, we find only the sentencing challenges to be meritorious. We therefore affirm Jimenez’s conviction, vacate her sentence, and remand to the district court for resentencing.

I. Background

At 1:45 a.m. on May 8, 2000, Jimenez arrived at the United States-Mexico Border Crossing at…