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Sentencing – Drug quantity

By: WISCONSIN LAW JOURNAL STAFF//August 28, 2013//

Sentencing – Drug quantity

By: WISCONSIN LAW JOURNAL STAFF//August 28, 2013//

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Sentencing – Drug quantity

Where a finding of drug quantity was based on a witness’ statements against interest, they were reliable to support the finding.

“Medina claims that the district court erred by relying on Melendez’s statements because they were self-serving and therefore inherently unreliable. According to Medina, Melendez was actually getting his drugs from sources that included the Arellano-Felix cartel, and when Melendez got caught he decided to finger Medina rather than risk reprisals from the cartel. Medina claims that Melendez’s statements were not against interest because they shielded him from the cartel’s retribution. But Medina overstates the role of the Arellano-Felix cartel in Melendez’s drug operation (the cartel’s involvement was minimal) and understates the damaging nature of
Melendez’s admissions. The police only seized about half a kilogram from Melendez over the course of two years, yet Melendez admitted to receiving between approximately 40 and 60 kilograms of cocaine since 2001. It was certainly against Melendez’s penal interest to admit to about 100 times as much cocaine as law enforcement seized from him. Accordingly, we find no error in the district court’s determination that Melendez’s statements were sufficiently against interest that
they could be believed in terms of general substance.”

Affirmed.

12-1930 U.S. v. Medina

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Darrow, J.

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