Ponce-Valencia

MEMORANDUM ***

Without a plea agreement, Agustine Ponce-Valencia pleaded guilty to a four- *747 count indictment charging him with (1) distributing approximately 23 grams of a mixture or substance containing heroin, (2) distributing approximately 79 grams of a mixture or substance containing heroin, (3) possessing with intent to distribute approximately 536 grams of a mixture or substance containing heroin, and (4) possessing with intent to distribute approximately 1,942 grams of a mixture or substance containing methamphetamine, all in violation of 21 U.S.C. § 841 (2000).

The presentence report (PSR) recommended that Ponce-Valencia be held responsible for 23.1 grams of heroin on Count 1, 79 grams of heroin on Count 2, 501.9 grams of heroin on Count 3, and 966.6 grams of actual methamphetamine on Count 4. Because there were two drug types involved, the PSR applied the drug equivalency table in the U.S. Sentencing Guidelines Manual and calculated a marijuana equivalent of 19,936 kilograms, resulting in a base offense level of 36. The PSR recommended a two-level reduction for acceptance of responsibility, yielding a total offense level of 34. With a Category I criminal history,…