United States v. Sanchez Carrasquillo, No. 19-14143 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit affirmed defendant's 60-month sentence for conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute. Although the court agreed with defendant that the district court committed a Jones error, the court concluded that the record is sufficient to permit appellate review of the sentencing issue he raises.
On the merits, the court acknowledged that there is daylight between the standards under USSG 2D1.1(b)(1) and USSG 5C1.2(a)(2), and that application of a firearm enhancement does not necessarily preclude safety-valve relief. However, the court affirmed the sentence because, on this record, the district court's factual findings under section 2D1.1(b)(1) foreclosed relief under section 5C1.2(a)(2). The court remanded for the sole purpose of correcting a clerical error.