United States v. Navarro, No. 12-2606 (7th Cir. 2015)
Annotate this CaseNavarro pleaded guilty to conspiracy to possess with intent to distribute more than five kilograms of cocaine. In the plea agreement, the government and Navarro both agreed to refrain from seeking a departure from the sentencing guidelines and to recommend a sentence within the guidelines range as determined by the court. At sentencing, the court rejected an aggravated role enhancement under U.S.S.G. 3B1.1 and determined that the applicable guidelines range was 188 to 235 months in prison. The government then argued in favor of an upward departure suggested in Application Note 2 to U.S.S.G. 3B1.1(b) for defendants “who did not organize, lead, manage, or supervise another participant, but who, nevertheless, exercised management responsibility over the property, assets or activities of a criminal organization” and recommended an above-guidelines sentence of 320 months. Navarro voiced no objection. The district court departed upward and imposed a sentence of 262 months. The Seventh Circuit reversed and remanded for resentencing, finding that the government’s breach of the plea agreement constituted plain error.
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