United States v. Silva-De Hoyos, No. 11-51177 (5th Cir. 2012)
Annotate this CaseDefendant was convicted of possession with intent to distribute cocaine and importation of cocaine. On appeal, defendant challenged his sentence. The court held that the district court did not clearly err in denying the minor participant adjustment but that it did err in its application of a five-year period of ineligibility. Nevertheless, the court declined to exercise its discretion to correct the error because there was no evidence that defendant was or might be eligible for federal benefits during the five-year period of ineligibility imposed by the district court.
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