United States v. Hernandez

Hernandez pled guilty to conspiring to distribute two kilograms of cocaine. Hernandez was to receive the two kilograms from a larger, 28-kilogram shipment of cocaine as payment for an outstanding debt. At sentencing, the district court held Hernandez responsible for all 28 kilograms because he volunteered to locate the whole shipment after it had gone missing prior to delivery. Hernandez objected to that finding and, in the alternative, a minor-participant reduction for his reduced role in the conspiracy. He also objected to a two-point enhancement for maintaining a drug-involved premises. The Sixth Circuit affirmed. All 28 kilograms of cocaine were within the scope of the conspiracy. Hernandez knew the precise scope of the conspiracy, unlike low-level members of the enterprise, such as couriers. The district court also noted that Hernandez was unique among participants in that he stood to reap a significant benefit from the conspiracy’s success, rendering him “quite high on the ladder.” He secured the abandoned warehouse for at least three separate shipments of marijuana, and expected to be paid handsomely for each effort. View "United States v. Hernandez" on Justia Law