United States v. Heriberto Sicairos-Quintero

MEMORANDUM

Following a jury trial, Heriberto Sicairos-Quintero was convicted of manufacturing and aiding and abetting the manufacture of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ; and of carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). The district court imposed a 120-month sentence for the drug offense, and a concurrent 60-month sentence for the firearm offense. The government appeals the sentence, and Sicairos-Quintero cross-appeals his conviction. We have jurisdiction under 18 U.S.C. § 3742 (b) and 28 U.S.C. § 1291 . We affirm the conviction, vacate the sentence, and remand for resentencing.

Sicairos-Quintero first contends that there was insufficient evidence that he knew or could reasonably foresee that there were 1,000 or more marijuana plants being manufactured. The parties stipulated that there were 7,143 marijuana plants being manufactured, and Sicairos-Quintero testified at trial that he spent 25 days living at the grow site, and that he would enter the marijuana garden to provide cigarettes to the workers. The two arresting officers testified that it was immediately obvious to…