United States v. Sandoval-Velazco, No. 12-3878 (7th Cir. 2013)
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Since about 2009, Velazco and codefendants coordinated the Chicago distribution of cocaine, heroin, and marijuana for a Mexican drug-trafficking organization. Velazco also assisted with collection and transportation of U.S. currency, primarily as a courier, acting on instructions from higher-ranked members of the organization. After Velazco pled guilty to conspiring to possess five or more kilograms of cocaine with intent to distribute, 21 U.S.C. 846; possessing five or more kilograms of cocaine with intent to distribute, 21 U.S.C. 841(a)(1); possessing five kilograms or more of cocaine and one or more kilograms of heroin with the intent to distribute, 21 U.S.C. 841(a)(1); and using a telephone in furtherance of a drug-trafficking crime, 21 U.S.C. 843(b), 846, the Presentence Report stated that he was personally responsible for more than 150 kilograms of cocaine and 8.5 kilograms of heroin. Velazco’s base offense level was 38, as the amount was equivalent to 46,400 kilograms of marijuana. He was granted a three-level reduction for acceptance of responsibility. The probation officer indicated that he was fully active in the conspiracy. The district court denied Velazco’s request for a minor role reduction, finding that the most significant factor in assessing culpability for a drug conspiracy is quantity, and sentenced him to 135 months, the lowest sentence in the guidelines range. The Seventh Circuit affirmed.
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