July 21st, 2017

​US Court of Appeals for the Fifth Circuit Opinions
United States v. Rico

Docket: 16-10235
Opinion Date: July 20, 2017
Judge: Catharina Haynes
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's 400 month sentence after he pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. The court held that the district court did not clearly err by applying a two-level enhancement for importation of methamphetamine under USSG 2D1.1(b)(5), and by applying an enhancement to his base offense level for maintaining a premises for the purpose of manufacturing or distributing a controlled substance under USSG 2D1.1(b)(12). Finally, the district court did not err by not granting defendant a three-point reduction for acceptance of responsibility under USSG 3E1.1.