United States v. Hargrove, No. 17-2102 (10th Cir. 2019)Annotate this Case
United States Border Patrol agents found Defendant-appellant John Hargrove, his girlfriend Janelle Richter, and Edgar Silvas-Hinojos in the desert near the border between Arizona and New Mexico. They were all in Hargrove’s truck, along with nearly 300 pounds of marijuana and two firearms. Hargrove was charged with: (1) conspiracy to distribute more than 100 kilograms of marijuana; and (2) possession with the intent to distribute 100 kilograms or more of a mixture and substance containing a detectable amount of marijuana, and aiding and abetting said possession. Hargrove was convicted by jury on both charges and sentenced to sixty months’ imprisonment. On appeal, Hargrove argued: (1) the district court erred in failing to grant him a mistrial after the prosecutor elicited testimony that the district court had previously barred; and (2) the district court erred in failing to grant him safety-valve relief under section 5C1.2 of the United States Sentencing Guidelines. Finding no reversible error, the Tenth Circuit affirmed the district court in all respects.