United States v. Flores, No. 17-3090 (D.C. Cir. 2019)
Annotate this CaseThe DC Circuit vacated defendant's sentence after he pleaded guilty to one count of conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity, one count of accessory after the fact for the murder of an officer or employee of the United States, and one count of accessory after the fact to the attempted murder of an officer or employee of the United States. The court held that, even if the district court had intended to consider defendant's murder of a Mexican national in Mexico as relevant conduct under USSG 1B1.3(a)(1)(A), it would not have been able to do so because the relevant conduct Guidelines could not be used to calculate the base offense level of an act that did not qualify as "racketeering activity." The error sufficiently prejudiced defendant, and the court remanded for resentencing.
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