US Court of Appeals for the Fifth Circuit Opinions United States v. Torres-Magana Docket: 18-50056 Opinion Date: September 10, 2019 Judge: Jerry E. Smith Areas of Law: Criminal Law The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty of conspiracy to possess with intent to distribute five kilograms or more of cocaine. The court held that the district court did not clearly err by applying a sentencing enhancement under USSG 2D1.1(b)(15)(A), because defendant used fear, impulse, friendship, affection, or some combination of thereof to involve his stepson in the controlled substance offense. In this case, the district court did not clearly err in determining that the stepson was not paid for his role in the offense, and the stepson did not have knowledge of the structure and sheer scope of the drug organization. Read Opinion
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