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United States v. Gonzalez
Citation: 53 F. App'x 762Docket: Nos. 02-5159, 02-5160
Court: Court of Appeals for the Sixth Circuit; December 16, 2002; Federal Appellate Court
Eli Gonzalez (Case No. 02-5159) and Misael A. Gonzalez (Case No. 02-5160) have appealed their convictions and sentences for conspiring to distribute over 50 grams of methamphetamine, violations of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Both cases were reviewed by a court panel that determined oral arguments were unnecessary. Eli Gonzalez was sentenced to 135 months on May 4, 2001, after pleading guilty, followed by Misael's similar plea and sentence on July 5, 2001. Eli’s counsel filed a motion to withdraw, citing two main issues: the legality of the sentence under Apprendi v. New Jersey regarding non-jury factual determinations and whether the court improperly enhanced his offense level based on uncharged drugs. Eli also contended that his guilty plea was invalid. Misael’s counsel argued that he was denied a four-level reduction for being a minimal participant. Upon review, the court found that Eli Gonzalez's sentence did not violate Apprendi because it did not exceed the statutory maximum of 20 years for his offense. His guilty plea explicitly acknowledged the drug quantity, which mitigated Apprendi's applicability. The court clarified that Apprendi is not triggered when a defendant stipulates to the drug amount and that sentencing guidelines do not invoke Apprendi unless they exceed the statutory maximum. Additionally, issues regarding the consideration of sentencing factors affecting mandatory minimums were deemed irrelevant under Apprendi, which applies only to enhancements that raise statutory maximums. Eli Gonzalez's sentence was correctly calculated by the district court, with a total offense level of 31 and a Criminal History Category Score of III, resulting in a guideline imprisonment range of 135-168 months. He was sentenced to 135 months, which is within the guidelines. His guilty plea was valid; the district court confirmed he understood the rights he was waiving, the nature of the charges, potential penalties, and ensured that no coercion influenced his plea. Gonzalez acknowledged the factual basis and admitted guilt without any reversible error found in the record. Misael Gonzalez was also properly sentenced. He did not qualify for a minimal participant reduction under USSG § 3B1.2, which allows a four-level decrease in offense level for defendants with a minimal role in criminal activity. The guidelines define a 'minimal' participant as someone significantly less culpable than others involved. Misael Gonzalez was pivotal in the conspiracy, supplying drugs and actively involved in the delivery process. Evidence indicated he was a primary supplier, possessing a significant amount of cash at arrest, and lacked evidence of legitimate employment. Therefore, the district court justifiably determined he was not a minimal participant. The court affirmed Eli Gonzalez’s conviction and sentence in Case No. 02-5159 and Misael Gonzalez’s conviction and sentence in Case No. 02-5160, granting counsel's motion to withdraw in the former case.