United States v. Maxwell Rangel Joelson, AKA El Santero

POOLE, Circuit Judge:

Maxwell Rangel Joelson appeals his conviction and sentence, following a jury trial, for various drug offenses. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We affirm Joelson’s conviction, but we vacate his sentence and remand for re-sentencing because the district court improperly increased his offense level by two levels under U.S.S.G. § 2Dl.l(b)(2).

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In August 1990, the government charged Joelson with one count of conspiracy to import approximately 770 kilograms of cocaine in violation of 21 U.S.C. §§ 952 and 963, one count of conspiracy to possess…