United States v. Alvarez-Carvajal, No. 20-2934 (7th Cir. 2021)
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“Teddy” lived in Los Angeles and supplied local distributors with drugs delivered through the U.S. Postal Service. The FBI used a confidential informant to conduct multiple controlled drug purchases from Teddy; obtained court authorization to intercept the phone calls and text messages; and determined that “Porky,” was supplying drugs to Teddy from Mexico. Alvarez-Carvajal, Porky’s father, served as a drug and cash courier in this operation,
Alvarez-Carvajal and others were charged with conspiracy to distribute and possession with intent to distribute methamphetamine, marijuana, and heroin, 21 U.S.C. 841(a)(1) and 846. Alvarez-Carvajal testified that Teddy gave him money to help Porky during his time in jail and again when Porky was kidnapped in Mexico; while he knew Porky and Teddy were drug dealers, he had no intentional involvement in the drug-distribution conspiracy. Alvarez-Carvajal’s testimony conflicted with that of cooperating witnesses.
The jury found Alvarez-Carvajal guilty but did not find that Alvarez-Carvajal had testified falsely; no perjury charges were brought. Applying a two-offense-level increase because Alvarez-Carvajal “stored and allowed [methamphetamine] to be stored at his residence” and another two-level increase for obstruction of justice because Alvarez-Carvajal “testified falsely,” the PSR recommended a Guidelines range of 360 months to life imprisonment. Without the enhancements, his range was 235-293 months. The Seventh Circuit affirmed a 240-month sentence. After considering the 18 U.S.C. 3553(a) sentencing factors, the district court made clear that it would have imposed the same sentence regardless of its Guidelines calculation.
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