United States v. Alex Barragan-Espinoza

Alex Barragan-Espinoza appeals his conviction and sentence following his plea of guilty for conspiracy to distribute methamphetamine, cocaine, and heroin in violation of 21 U.S.C. § 846 . The district court sentenced Barragan-Espinoza to 360 months’ imprisonment, followed by 5 years of supervised release. The court’s sentence incorporates enhancements under U.S.S.G. § 3B1.1(a) (Role in the Offense), U.S.S.G. § 5K2.4 (Abduction or Unlawful Restraint), and U.S.S.G. § 5K2.8 (Extreme Conduct). Barragan-Espinoza argues that the district court (1) violated Federal Rules of Criminal Procedure 11 at the plea colloquy by failing to inform him of the possibility that his sentence may be enhanced through upward departures, and (2) departed to an unreasonable extent from the Guidelines’ sentencing range by applying sentence enhancements under §§ 5K2.4 and 5K2.8 for acts neither alleged in, nor relative to, the charged conspiracy. Because the district court’s plea colloquy satisfied Rule ll’s notice and in formation requirements and the court’s upward departures were factually and legally sound, we affirm Barragan-Espinoza’s conviction and sentence.

BACKGROUND

Between October and November…