United States v. Juan Velasquez-Lopez

MEMORANDUM

Juan Jose Velasquez-Lopez appeals his convictions for Conspiracy to Possess with Intent to Distribute five kilograms or more of cocaine in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(l)(A)(ii) and Possession of a Firearm in Furtherance of a Drug Trafficking Offense in violation of 18 U.S.C. § 924 (c). Velasquez-Lopez was arrested during a sting operation intended to catch criminals involved in home invasion robberies in which he and others were recruited to steal large quantities of cocaine from a fictional stash house.

Prior to trial, Velasquez-Lopez joined in his codefendant’s motion to dismiss his indictment because of outrageous government conduct. The district court denied the motion. A jury convicted Velasquez-Lopez of both counts as charged. At sentencing, the court accepted the government’s recommendation to reduce the base offense level recommended by the United States Probation Office’s presentence report for Velasquez-Lopez to reflect a cocaine amount of five-to-fifteen kilograms. The court denied Velasquez-Lopez’s sentencing entrapment claim and sentenced him to 120 months’ imprisonment for Conspiracy to Possess with Intent to Distribute cocaine…