United States v. Oscar Guadalupe Leyva-Franco

OPINION

The United States appeals from a sentence imposed on appellee, Oscar Guadalu pe Leyva-Franco, for importing five kilograms or more of cocaine from Mexico. The sentence was a result of a downward departure of four levels based on “aberrant behavior.” U.S.S.G. § 5K2.20. The government objected to the departure, relying on evidence tending to show that the defendant had admitted to a customs inspector “crossing [the border] numerous times [with cocaine] in the week prior to his arrest.” Appellee Leyva-Franco denies making any such admission.

Following the imposition of sentence, the…