Velasco
United States v. Velasco
Opinion
Lead Opinion
MEMORANDUM *
Eduardo Velasco appeals the 120-month sentence imposed by the district court following his conviction by guilty plea to various drug offenses. We AFFIRM in part, REVERSE in part, VACATE the sentence, and REMAND to the district court for resentencing in a manner consistent with this opinion.
On April 27, 2000, Velasco was arrested at the Kahului Airport on Maui for transporting 139.9 grams of crystal metham *962 phetamine from California to Hawaii. He was subsequently charged in an eleven-defendant Second Superseding Indictment for: (1) conspiracy to distribute methamphetamine; (2) using a telephone on April 22, 2000 to facilitate the distribution of methamphetamine; (3) aiding and abetting the possession with intent to distribute more than 50 grams of methamphetamine; and (4) illegally reentering the United States after being deported. Prior to trial, Velasco alerted the court that he intended to change his plea to guilty.
A presentence report (“PSR”) was prepared for sentencing. It stated that Velasco had two prior sentences for driving under the influence (“DUI”), both occurring in Vista, California. The PSR noted that the arrest records were not available for…