Sentencing Guidelines – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jose Trinidad Garcia, Jr., et al.

Case No.: 18-1890; 18-2261

Officials: WOOD, Chief Judge, and MANION and ROVNER, Circuit Judges.

Focus: Sentencing Guidelines – Enhancement

Police found over 80 grams of red methamphetamine in a car. The ensuing investigation— dubbed “Code Red”—lead to the indictment of 12 people for a drug-distribution conspiracy. Eleven, including Garcia, pleaded guilty. Garcia argues the judge improperly enhanced his sentence based on a prior drug conviction. We agree with Garcia. Pineda-Hernandez alone stood trial. He claims multiple errors involving an alleged language-interpretation debacle. He also argues the judge improperly augmented his sentence based on his role. We disagree with Pineda-Hernandez. Garcia’s prior conviction cannot enhance the mandatory minimum for his sentence. We VACATE Garcia’s sentence and REMAND for resentencing. Regarding Pineda-Hernandez, we AFFIRM.

Vacated and remanded in part. Affirmed in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.