United States v. Zuno, No. 12-2382 (7th Cir. 2013)
Annotate this CaseThe Zuno brothers were charged as members of a conspiracy to possess cocaine and marijuana with the intent to distribute, 21 U.S.C. 846. Ismael also was charged in 19 cocaine distribution counts, 21 U.S.C. 841(a)(1); Jose, was charged with 19 counts of cocaine distribution and two counts for use of a communication facility to commit a drug trafficking offense, 21 U.S.C. 843(b). Both had prior felony drug convictions, so the prosecution filed an information under 21 U.S.C. 851, triggering for each the potential of a ten‐year mandatory minimum term of incarceration. Both pleaded guilty to the conspiracy count and Ismael also pleaded guilty to the 19 distribution counts. Jose’s plea was entered under a plea agreement that included provisions resulting in the dismissal of all other charges against him and the prior conviction information; he was sentenced to an 80‐month term. Ismael’s guilty plea was entered without an agreement; he was sentenced to a term of 120 months. In calculating the sentences, the district judge determined that both were organizers or leaders of a drug organization that involved five or more participants or was otherwise extensive under U.S.S.G. 3B1.1(a), resulting in a four‐level increase in their base offense levels. The Seventh Circuit affirmed.
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