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Posted by: Landry Butler on Feb 6, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ON BRIEF: Elizabeth S. Hughes, GREEN CHESNUT & HUGHES, PLLC, Lexington, Kentucky, for Appellant. Charles P. Wisdom, Jr., UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Judge(s): ROGERS, McKEAGUE, and WHITE, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.

McKEAGUE, Circuit Judge. Pablo Hernandez pled guilty to conspiring to distribute 2 kilograms of cocaine. Hernandez was to receive the 2 kilograms from a larger, 28-kilogram shipment of cocaine as payment for an outstanding debt. At sentencing, the district court held Hernandez responsible for all 28 kilograms because he volunteered to locate the whole shipment after it had gone missing prior to delivery. Hernandez objects to this finding and insists that he should be sentenced based solely on the 2 kilograms he was slated to personally receive. If held responsible for the entire shipment, he seeks, in the alternative, a minor-participant reduction for his reduced role in the conspiracy. He also objects to a two-point enhancement he received for maintaining a drug-involved premises. The district court was not persuaded, and neither are we. The judgment below is AFFIRMED.