United States v. Delgado-Lopez, No. 19-3113 (10th Cir. 2020)Annotate this Case
Defendant Christian Delgado-Lopez pled guilty to possession with intent to distribute methamphetamine or a mixture containing methamphetamine. He appealed the district court’s denial of a "minor-role" reduction under United States Sentencing Guidelines Manual section 3B1.2(b). The Tenth Circuit reversed, finding the district court did not compare Delgado-Lopez’s culpability to other participants in the enterprise, and found the court's credibility determination was wholly predicated on impermissible speculation. "We cannot say with certainty that the district court’s decision would stand if its foundation was removed. Therefore, we are compelled to remand this case to the district court for resentencing based on the proper legal standard."