United States v. Salgado, No. 18-2194 (7th Cir. 2019)Annotate this Case
Salgado conspired with Lorenzo (his father) and others to distribute heroin, using a Bensenville, Illinois stash house. Lorenzo, who lived in Mexico, was the leader. Salgado was arrested in 2016, indicted under 21 U.S.C. 841(a)(1), 846, and pleaded guilty to conspiracy to possess with intent to distribute heroin. The PSR recommended an aggravating role enhancement under USSG 3B1.1(b), reasoning that Salgado directed and controlled” the others and was the Chicago‐based leader of the conspiracy. Salgado objected, claiming he had “no decision making authority, acted solely at the direction of [his father] … did not arrange the importation ... did not set any of the price or quantity terms” and that the government had not proven otherwise by a preponderance of the evidence. The court applied the enhancement, stating that Salgado’s “role as the supervisor is clear from the materials that are not disputed.” The court calculated the Guidelines range as 210-262 months, discussed the section 3553 factors in detail, and stated that “the sentence ... would be the same even if the guidelines were a little bit different … even if I made a mistake in the calculation with respect to the aggravating role, the guideline sentence is going to not control the sentence here. What’s going to control is the 3553 factors. The Seventh Circuit affirmed the 192-month sentence; “whether or not the enhancement should have applied, the district court’s detailed explanation makes a remand pointless."