United States v. Mauro Dominguez

U.S. Court of Appeals for the Eighth Circuit
United States v. Mauro Dominguez, 55 F. App'x 398 (8th Cir. 2003)
McMILLIAN, Melloy, Per Curiam, Smith

United States v. Mauro Dominguez

Opinion

[UNPUBLISHED]

PER CURIAM.

Mauro Dominguez pleaded guilty to conspiring to distribute and to possess with intent to distribute 5 grams or more of methamphetamine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. On appeal, he argues that the district court 1 clearly erred in attributing to him the entire 5 pounds of methamphetamine obtained by his coconspirators during the course of the conspiracy, rather than merely the quantity he personally sold or arranged to have sold.

The district court was presented with evidence that Dominguez had agreed with two of his coconspirators that the two should travel to California to purchase 10 pounds of methamphetamine, he arranged for a car for the two coconspirators to use, *399 they notified him upon their return to Omaha that they had been able to purchase 5 pounds of methamphetamine, and he assisted them in breaking down the 5 pounds into smaller quantities for resale. Thus, the district court did not clearly err in attributing the entire amount to him. See United States v. Brown, 148 F.3d 1003, 1008 (8th Cir. 1998) (defendant convicted of drug conspiracy is properly held accountable for all reasonably foreseeable acts and omissions of any coconspirator; sentencing court is required to find by preponderance of evidence that activity involving drugs was in furtherance of conspiracy and either was known to defendant or reasonably foreseeable to him), cert. denied, 525 U.S. 1169, 119 S.Ct. 1092, 143 L.Ed.2d 92 (1999).

Accordingly, we affirm.

A true copy.

1

. The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Mauro DOMINGUEZ, Appellant
Status
Unpublished