U.S. v. Zuno

In prosecution on drug conspiracy charge, Dist. Ct. did not err in sentencing defendants to 80-month and 120-month terms of incarceration based in part on finding that defendants were organizers or leaders of drug organization that involved 5 or more participants under section 3B1.1(a) of USSG. Record showed that, along with instant two defendants, there were three other individuals, who assisted defendants in procuring and distributing drugs pursuant to series of drug sales. Fact that defendants did not exercise control over one individual who served as drug supplier did not require different result since defendants needed to control only one individual for enhancement to apply. Moreover, Dist. Ct. did not err in giving one defendant significantly longer sentence where: (1) unlike other defendant, said defendant qualified for 10-year mandatory minimum sentence due to existence of prior conviction; (2) unlike other defendant, said defendant did not enter into plea agreement with govt.; and (3) said defendant had longer involvement in relevant drug sales that extended to time that said defendant had been incarcerated.