September 11th, 2019

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.

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