United States v. Jasso

EMILIO M. GARZA, Circuit Judge:

Carlos Ricardo Jasso pleaded guilty to one count of conspiracy to possess with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. §§ 841 and 846. This offense carries a minimum sentence of 120 months in prison. See 21 U.S.C. § 841(b)(1)(A). At sentencing, the district court granted Jasso a downward variance, over the Government’s objection, and sentenced him to 70 months’ imprisonment. The Government appealed. Because we find that the district court erred in issuing a sentence below the statutory minimum, we VACATE the district…