United States v. Contreras-Bracamonte
United States v. Contreras-Bracamonte
Opinion of the Court
Ramon Martinez-Diaz and Samuel Contreras-Bracamonte (collectively “Appellants”) appeal their thirty-six month sentences, imposed following their guilty pleas to possession with intent to distribute marijuana and conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1) & (b)(1)(B)(vii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.
The district court did not err in finding that Appellants were responsible for the entire quantity of marijuana found in the trailer.
Contrary to Appellants’ contention, the district court did not violate United States v. Banuelos, 322 F.3d 700 (9th Cir. 2003). Consistent with Banuelos, the district court proceeded on the assumption that it needed to find the drug quantity attributable to Appellants beyond a reasonable doubt, and it found that their responsibility for the entire quantity of marijuana was reasonably foreseeable to them. See id. at 704 (explaining the “well-settled” rule that, in sentencing a defendant convicted of conspiracy to distribute a controlled substance, the sentencing court “must find the quantity of drugs that either (1) fell within the scope of the defendant’s agreement with his coconspirators or (2) was reasonably foreseeable to the defendant”).
The district court did not err in rejecting Appellants’ argument that the government should have moved for the additional one-level reduction under U.S. Sentencing Guidelines Manual § 3E1.1(b). See United States v. Medina-Beltran, 542 F.3d 729, 731 (9th Cir. 2008) (per curiam)
The judgments and sentences are AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
. We also reject Appellants' argument regarding unwarranted sentencing disparities. Not only have Appellants failed to present any evidence regarding so-called “backpacker'' sentences, but the record contradicts their contention that they were mere “backpackers.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.