United States v. Garcia

UNSEALED MEMORANDUM OPINION AND ORDER 1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Sentencing Memorandum for De*1218fendant Elizabeth Gracia [sic], filed August 14, 2012 (Doc. 36) (“Sentencing Memo.”). The Court held a sentencing hearing on October 18, 2012. The primary issues are: (i) whether the Court should decrease Defendant Elizabeth Garcia’s offense level two levels pursuant to the U.S.S.G. § 3B1.2(b), because she was a minor participant in the criminal activity; and (ii) whether the Court can vary downward from a guidelines sentence to Garcia’s request for a…