U.S. v. Campuzano-Benitez

Dist. Ct. did not err in sentencing defendants to 69-month terms of incarceration on drug conspiracy charge arising out of defendants’ roles as middlemen in cocaine deal involving others. While defendants argued that Dist. Ct. erred in attributing five kilograms of cocaine to both men, where relevant transaction involved only one kilogram of cocaine that was actually sold, since Dist. Ct. could properly find that conspiracy was not limited to single kilogram of cocaine, where testimony and recorded conversations among other members of conspiracy included information regarding negotiation for five-to-ten kilograms of cocaine. Ct. rejected defendants’ claim that instant negotiation was not foreseeable to them as part of conspiracy, even though defendants noted that there no evidence that conspiracy involved multiple transactions that occurred over long period of time. Also, Dist. Ct. could properly deny defendants’ requests for downward adjustment based on claim that they played only minimal roles in conspiracy when linking drug supplier with drug buyers, after Dist. Ct. compared defendants’ roles with roles played by others who received such downward adjustment. Too, Dist. Ct. did not abuse its discretion by permitting non-party witness at sentencing hearing to consult with his attorney prior to defendants’ cross-examination of said witness, where Dist. Ct. has authority to implement procedures to avoid wasting time and to protect witnesses.