United States v. Lobo, No. 17-2894 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's 288 month sentence after he pleaded guilty for conspiracy to manufacture and distribute, and to import into the United States, five or more kilograms of cocaine. The court held principally that the district court did not err in applying the enhancement under USSG 2D1.1(b)(15)(C) to calculate defendant's Guidelines score, properly determining that defendant's drug‐related activity outside the United States constituted direct involvement in the importation of a controlled substance. In this case, the government presented sufficient evidence to show that defendant participated directly in transporting hundreds of kilograms of cocaine from South America through Honduras for Mexican drug cartels to smuggle into the United States.