Legal Opinion
United States v. Vicente Fernandez
District Court, S.D. New York
Decided March 31, 2004No. 03 CRIM.496(VM)Published
1Opinion of the Court
DECISION AND ORDER
MARRERO, District Judge.
Juan Jose Vicente Ferrandez (“Ferran-dez”), who plead guilty to a narcotics conspiracy offense, moves this Court to adjust the otherwise applicable sentencing guidelines offense level to account for the fact that he was a mere drug courier. The Court finds that Ferrandez qualifies as a “minor” participant in the drug conspiracy, but not a “minimal” participant, and therefore his offense level will be reduced by two levels. The motion is granted in part, and denied in part.
I. BACKGROUND
Ferrandez, a native of Spain, was traveling in Colombia with a…
2Cases cited6 opinions
- United States v. Maurillo Rojas-MillanCourt of Appeals for the Ninth Circuit · 2000
- United States v. Garcia, Victor Monsalve, Palacio, Appeal of Victor MonsalveCourt of Appeals for the Second Circuit · 1990
- United States of America, Appellee-Cross-Appellant v. Mohammad Ajmal, Defendant-Appellant-Cross-Appellee, Muhammad Afzal and Hassan Sabghat UllahkhanCourt of Appeals for the Second Circuit · 1995
- United States v. Donald P. CarpenterCourt of Appeals for the Second Circuit · 2001
- United States v. RuizDistrict Court, S.D. New York · 2002
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