United States v. Salvador Velasquez

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Salvador Velasquez was apprehended with 5,700 pounds — almost three tons — of marijuana in the back of his truck. Velasquez eventually pled guilty to conspiring to possess with intent to distribute a quantity in excess of 1,000 kilograms of marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A). On appeal, Velasquez challenges only his sentence. He contends that the district judge should have made a downward departure from the guidelines on the basis of the plea bargain agreed to by Velasquez. Velasquez also contends he was entitled to…