United States v. Andres, No. 11-40783 (5th Cir. 2013)
Annotate this CaseDefendant appealed his conviction and sentence for conspiracy to possess with intent to distribute more than five kilograms of cocaine. On appeal, defendant contended that the district court erred in denying his motion to suppress evidence and in applying a two-point sentencing enhancement for use of a minor to commit his crime. Because the officer's continued search and seizure beyond the scope of the initial traffic stop were justified by additional reasonable suspicion, the district court did not err in concluding that the scope of the stop was reasonable. Because the court found that the district court did not err in refusing to suppress the drug evidence, the court did not reach the remaining plain error factors. The court also concluded that the district court did not err in applying the U.S.S.G. 3B1.4 enhancement where defendant's choice to drive a truck containing over twenty kilograms of cocaine and a four-year-old girl from Laredo to Chicago constituted an "affirmative act" involving a minor in the offense. Accordingly, the court affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.