09-3647 U.S. v. Saenz

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Sentencing
Minor participant

Where the only evidence in the record is that the defendant transported money on one occasion, it was error for the district court not to consider a minor participant adjustment.
“The question here is whether this one-time courier is less blameworthy than the average defendants in this conspiracy. Saenz was certainly less culpable than the codefendants in Juarez who coordinated the cocaine and shipments from Mexico. And he was less culpable than Mascorro, who coordinated the operations in Indianapolis. Although he did carry a significant amount of money, unlike many of the others in the conspiracy, Saenz never touched any drugs or participated in any negotiations about the price or quantity of the drugs. Nor did he have an ownership interest in any of the conspiracy’s cocaine. Perhaps he could have chosen the route he wished to take as he left Indianapolis, but he had no decision-making authority beyond that. The district court did not make this assessment, though, as its premise was that Saenz was more than a courier, a statement for which we find no record support.”
Affirmed in part, and Vacated in part.

09-3647 U.S. v. Saenz

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Williams, J.

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