United States v. Aguilar-Alonzo, No. 18-50627 (5th Cir. 2019)
Annotate this CaseThe Fifth Circuit vacated defendant's sentence imposed after he pleaded guilty to aiding and abetting the possession with intent to distribute marijuana. The court held that the district court clearly erred by applying a two-level enhancement under USSG 2D1.1(b)(15)(A) for using fear, impulse, friendship, affection, or some combination thereof to involve another individual in the offense. Under the court's interpretation of the verb "used," the court held that the evidence in the record did not support the application of the offense because he did not actively employ or play upon affection to induce involvement by his girlfriend in the offense. Furthermore, the district court's error was not harmless because it affected defendant's substantial rights. Accordingly, the court remanded for further proceedings.
The court issued a subsequent related opinion or order on December 9, 2019.
The court issued a subsequent related opinion or order on December 10, 2019.
The court issued a subsequent related opinion or order on February 11, 2020.
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