United States v. Tarcisio Nunez

Tarcisio Nunez appeals his 24 month sentence for conspiracy to manufacture marijuana and possession with intent to distribute more than 100 marijuana plants, in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(l)(B)(vii). He contends that in light 18 U.S.C. § 3553(f) the district court erred when it applied U.S.S.G. § 5C1.2(b) and imposed a mandatory minimum total offense level of 17. Because Nunez properly raised this issue in the district court, we review de novo that court’s decision of it. United States v. Paz, 405 F.3d 946, 948 (11th Cir.2005).

Statutory law provides that a person…