United States v. Sandoval, No. 13-3050 (7th Cir. 2014)
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Sandoval, a Mexican citizen, illegally entered the U.S. in the 1990s. After five illegal reentries and removals, Sandoval again attempted to re-enter and, in 2005, was convicted of attempted illegal entry by means of false misrepresentation. He was removed again. Sandoval illegally re-entered and was arrested after providing a false name during a traffic stop. He was removed, but re-entered in 2006. In 2009, Sandoval met Quinonez at a truck stop to purchase 20 kilograms of cocaine that he believed Quinonez had transported from Texas. Sandoval gave Quinonez $500 for fuel and said that he would pay $300,000 for the cocaine the next day. Quinonez was actually cooperating with law enforcement and the meeting was surreptitiously recorded. After Sandoval took the sham cocaine, law enforcement stopped his vehicle. A search revealed cocaine as well as the bags full of sham cocaine. Sandoval denied knowing what was inside the bags. Sandoval was charged with attempted possession of cocaine, 21 U.S.C. 841, 846. He gave a false name and continued to invoke the alias at his pretrial services interview, initial appearance, and other court proceedings. The district court granted Sandoval bond and released him on his own recognizance. When the government learned his true identity he was taken into custody. He eventually changed his story and entered a plea. The district court imposed an obstruction of justice enhancement, denied credit for acceptance of responsibility, and denied safety-valve relief from the statutory mandatory minimum sentence of 120 months, 21 U.S.C. 841(b)(1)(A). The Seventh Circuit affirmed.
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