Case: 18-40391 Document: 00515022613 Page: 1 Date Filed: 07/05/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40391 FILED July 5, 2019 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. GUSTAVO GARCIA-MIRANDA, Defendant - Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:16-CR-178-1 Before OWEN, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM:* This appeal solely concerns the sentencing of a conspirator in a drug transaction. He argues he should not have been subject to a sentence enhancement for the importation of methamphetamines and was entitled to a sentence reduction for having only a minor role in the conspiracy. We find no clear error in the district court’s findings and AFFIRM. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-40391 Document: 00515022613 Page: 2 Date Filed: 07/05/2019 No. 18-40391 FACTUAL AND PROCEDURAL BACKGROUND In May 2016, the Department of Homeland Security received information regarding a multi-syndicated drug trafficking and money laundering organization that was operating in the Dallas and Fort Worth area. Homeland Security’s subsequent investigation determined that the organization was importing and distributing drugs from Mexico and smuggling the bulk cash proceeds back to Mexico. A confidential informant called members of the organization to negotiate the purchase of multiple kilograms of methamphetamine on December 13, 2016. Juan Manuel Bustos-Chipres contacted the informant later that day, stating that he was in the Dallas area and available to meet. Bustos-Chipres agreed to meet at a Golden Corral restaurant in Garland, Texas, where he provided to the confidential informant a sample of the methamphetamine. Bustos-Chipres agreed to deliver five kilograms of methamphetamine to the informant the following day. The next day, the informant called a member of the organization known as Kike, who stated that he had completed the five-kilogram purchase of methamphetamine from his associate, Don Tavo. Kike told the informant that a “person of confidence” would make the delivery, who turned out to be Bustos- Chipres. Bustos-Chipres arrived at the restaurant that was the agreed meeting location with the defendant Gustavo Garcia-Miranda as a passenger. Garcia-Miranda and Bustos-Chipres entered the restaurant together. The informant then called Bustos-Chipres, who exited the restaurant with Garcia- Miranda and drove away. The vehicle was eventually stopped for a traffic violation. Officers stated that Bustos-Chipres was extremely nervous during the traffic stop. They asked him if there was anything illegal in the vehicle. He repeatedly said “no.” He then granted oral permission to search the vehicle. Officers saw a speaker box in the trunk that was unusually heavy, with 2 Case: 18-40391 Document: 00515022613 Page: 3 Date Filed: 07/05/2019 No. 18-40391 materials inside inconsistent with a speaker. Bustos-Chipres then exited the vehicle and appeared as though he might flee. Officers attempted to detain him, and he ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals