United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1447 ___________________________ United States of America Plaintiff Appellee v. Octavio Cortez Fierros Defendant Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Waterloo ____________ Submitted: January 13, 2020 Filed: April 1, 2020 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Appellant Octavio Cortez Fierros pled guilty to one count of conspiracy to distribute methamphetamine. The district court1 sentenced Fierros to 420 months’ imprisonment. Fierros appeals the district court’s imposition of a leadership enhancement under U.S.S.G. § 3B1.1(a) and denial of a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. Finally, Fierros contends his sentence is substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and affirm. I. Background On February 6, 2018, the grand jury indicted Fierros on a single count of conspiracy to distribute at least 500 grams or more of a mixture or substance containing a detectible amount of methamphetamine, which contained 50 grams or more of actual methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and 851. Fierros pled guilty to the charge. The presentence investigation report (“PSIR”) attributed 12.95 kilograms of methamphetamine to Fierros based upon evidence that one of his co-conspirators indicated that he had redistributed 10 kilograms of ice methamphetamine for Fierros, including 2 kilograms seized in a controlled buy, and the seizure of approximately 2.95 additional kilograms in two other controlled buys from Fierros. Because the offense involved 4.5 kilograms or more of ice methamphetamine Fierros’ base level offense was 38. See U.S.S.G. § 2D1.1(c)(1). The PSIR recommended a four-level leadership enhancement under U.S.S.G. § 3B1.1(a) for an adjusted offense level of 42. It also recommended a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. -2- During the sentencing hearing the district court took testimony from two cooperating witnesses and an investigating officer. A co-conspirator testified that Fierros both recruited him and fronted methamphetamine to him for resale. The co- conspirator testified that while he set his own prices, he owed Fierros the front price established by Fierros when the drugs were delivered to him for resale. He stated that Fierros would dispatch two other dealers to deliver him the fronted methamphetamine. The witness also described how Fierros summoned him to a meeting at a hotel to discuss which of their co-conspirators might be cooperating with law enforcement. Another co-conspirator testified that Fierros recruited her to answer his phones, translate, drive, and help arrange drug deals. The witness believed that Fierros organized drug transactions and supervised her and the other co-conspirators. She also testified that Fierros determined the quantity of methamphetamine that could be distributed in the conspiracy. Lastly, one of the officers working the Fierros investigation testified that surveillance and controlled buys established Fierros’ leadership role in the drug trafficking conspiracy. He explained that, based on various dealers arriving ...
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