U.S. v. Diaz-Rios

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-3130
Decision Date: 
January 30, 2013
Federal District: 
N.D. Ill., E. Div.
Vacated and remanded
Defendant was entitled to new sentencing hearing on his drug conspiracy conviction where Dist. Ct. failed to evaluate defendant’s claim that he was entitled to reduction of sentence based on his minor participation in drug conspiracy, and where govt. agreed with defendant that he was entitled to mitigation-role reduction under section 3B1.2 of USSG. On remand, Dist. Ct. should look at defendant’s role in conspiracy as whole with respect to short duration of his participation in conspiracy, his limited relationships with other participants in conspiracy, his limited potential for financial gain, as well as his limited knowledge of conspiracy.