United States v. Cartagena, No. 16-3356 (8th Cir. 2017)Annotate this Case
Defendant appealed his sentence of 156 months in prison after pleading guilty to a drug-related offense. The Fifth Circuit affirmed, holding that, although the district court did not expressly refer to the factors set forth in the commentary to USSG 3B1.2, defendant has not shown that he would have received a minimal role adjustment, much less that he would have received a lesser sentence, had the district court not procedurally erred; merely showing that defendant was less culpable than other participants was not enough to entitle him to the adjustment if defendant was deeply involved in the offense; although defendant's sentence was 36 months above the mandatory minimum sentence, the district court adequately considered the 18 U.S.C. 3553(a) factors and imposed a within-Guidelines sentence; and defendant's sentence was not substantively unreasonable.