Legal Opinion

United States v. Castillo-Nava

District Court, D. New Mexico

Decided September 6, 2018No. CR 12-0128 JBPublished

1Opinion of the Court

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

*744THIS MATTER comes before the Court on the Sealed Objections to the Pre-Sentence Investigation Report and Request for a Downward Departure or Variance Submitted on Behalf of Defendant Benito Castillo-Nava, filed July 12, 2017 (Doc. 913)("Objections"). The primary issue is whether a 2-level dangerous-weapon enhancement under U.S.S.G. § 2D1.1(b)(1) is appropriate solely because Defendant Benito Castillo-Nava offered, to the leader of a drug-trafficking organization, to satisfy a drug debt by delivering five firearms to the organization. The Court…

2Cases cited7 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. RuizCourt of Appeals for the Fifth Circuit · 2010
  3. United States v. ReaCourt of Appeals for the Seventh Circuit · 2010
  4. United States v. SallisCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. Patricio Renteria-SaldanaCourt of Appeals for the Eighth Circuit · 2014

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