United States v. Martinez-Rodriguez, No. 13-41292 (5th Cir. 2016)Annotate this Case
Defendant pled guilty to one count of possession with intent to distribute crystal methamphetamine and appealed his sentence of 360 months in prison. Both parties agree that the district court committed procedural error by applying a sentencing enhancement to defendant’s sentence under USSG 2D1.1(b)(14)(B)(i) (for involving a minor in the crime as an organizer/leader). Because defendant's objection was not preserved, the court reviewed the district court's application of the enhancement for plain error review only. The court held that the district court's reliance on section 2D1.1(b)(14)(B)(i), and the sentencing disparity that it caused, was plain error that “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Accordingly, the court vacated and remanded for resentencing.