United States v. Carbajal Flores, No. 19-3100 (D.C. Cir. 2021)
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Defendant pleaded guilty to three counts related to his involvement in a Mexican cartel called the Los Zetas. The first count involved a racketeer influenced and corrupt organization (RICO) conspiracy to import controlled substances into the United States, and the second and third counts related to being an accessory after the fact to the murder and attempted murder in Mexico of two U.S. Special Agents.
The DC Circuit concluded that the district court did not commit reversible error in determining the drug quantity for which defendant was responsible; the district court did not commit reversible error in applying the two-point supervisory role enhancement under USSG 3B1.1(c); and the district court did not commit reversible error in imposing a two-point enhancement for the use of threats and violence under USSG 2D1.1(b)(2) and a two-point enhancement for the use of physical restraints under USSG 3A1.3. Accordingly, the court affirmed the district court's calculation of defendant's sentence for the RICO conspiracy. However, the court vacated defendant's convictions under 18 U.S.C. 1114 for accessory after the fact to the murder and attempted murder of U.S. officials. The court concluded that the district court committed plain error affecting defendant's substantial rights by convicting and sentencing defendant under section 1114 because the underlying conduct occurred in Mexico. The court remanded for a limited resentencing.
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