United States v. Miguel Lopez Valencia AKA Enrique Carillo-Vasquez, United States of America v. Flavio Duarte

WALLACE, Circuit Judge:

Valencia, Duarte, and Del Real were indicted for conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. § 846 (Count One) and for distribution of heroin in violation of 21 U.S.C. § 841(a)(1) (Count Two). A superseding indictment additionally charged Valencia with unlawfully carrying a firearm in the commission of a felony in violation of 18 U.S.C. § 924(c)(2).

Del Real pled guilty to Count Two of the indictment, and the court took under submission the government’s motion to dismiss Count One. The motion was subsequently granted. Valencia and Duarte were…