United States v. Ornelas-Yanez

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Exception to Pre-Sen-*1086tence Report filed on October 7, 2014 (Doc. 96)(“Objections”). The Court held an evi-dentiary sentencing hearing on October 8, 2014. The primary issues are: (i) whether a conditional discharge under New Mexico State law qualifies as a prior sentence under U.S.S.G. § 4Al.l(c); (ii) whether the Court should use a preponderance of the evidence standard in determining whether Defendant Jesus Jose Ornelas-Yanez is an organizer, leader, manager, or supervisor…