United States v. Jose Avalos Banderas

COLLOTON, Circuit Judge.

In 2010, Jose Banderas was convicted of conspiracy to distribute and to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. At sentencing, the district court 1 adjusted the advisory guideline range upward based on obstruction of justice, see USSG § 3C1.1, because Banderas made several threats to prospective witnesses. The court then sentenced Banderas to the top of the advisory range of 292 to 365 months’ imprisonment. The court ex plained that he “is a dangerous individual and will harm someone—and holds potential to harm…