United States v. Agustin Pineda-Barrientos

PER CURIAM: *

Agustín Eloy Pineda-Barrientos (Pine-da) was convicted, pursuant to his guilty plea, of conspiring to possess with intent to distribute 100 kilograms or more of marijuana. The district court denied Pineda’s request for a safety valve adjustment after determining, based on its review of a videotape, that Pineda had been aware that a third person had been present as marijuana bundles were being moved, a fact Pine-da had not admitted when debriefed. Pineda was sentenced to a 60-month term of imprisonment, which was the statutory minimum. See 21 U.S.C. § 841(b)(1)(B).

According to…