United States v. Mier-Garces, No. 18-1085 (10th Cir. 2020)
Annotate this CaseDefendant-appellant Edgar Mier-Garces was separately charged with conspiracy to distribute controlled substances in both the Western District of Texas and the District of Colorado. After pleading guilty in Texas, Mier-Garces argued that the District of Colorado indictment violated his rights under the Fifth Amendment’s Double Jeopardy Clause. The district court denied his motion to dismiss. Mier-Garces was subsequently convicted and sentenced to 178 months’ imprisonment. On appeal, he challenged the district court’s Double Jeopardy Clause ruling, arguing the district court erroneously calculated his advisory United States Sentencing Guidelines range by applying an enhancement under section 2D1.1(b)(12). After review, the Tenth Circuit concluded the district court did not err in either ruling and affirmed.
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