United States v. Pineiro

This appeal arises out of the post -Booker resentencing of DefendanL-Appellee Francisco D. Pineiro. 1 The facts and circumstances that frame this third appeal of Pineiro’s sentence are adequately captured in United States v. Pineiro, 377 F.3d 464 (5th Cir.2004) (“Pineiro I”), and United States v. Pineiro, 410 F.3d 282 (5th Cir.2005) (“Pineiro II’). For the sake of brevity, therefore, we reiterate only those facts that are relevant to this appeal.

I. FACTS AND PROCEEDINGS

In February 2002, Pineiro was indicted on one count of conspiracy to distribute 100 kilograms or more of marijuana and 50…