United States v. Otero Book Reviews

United States v. Otero by Eleventh Circuit U.S. Court of Appeals Book Summary

Rolando Otero pleaded guilty to cocaine possession and conspiracy charges. Under the Sentencing Guidelines, Otero's base offense
level was 321; the district court increased Otero's offense level by two points under Section 2D1.1(b) of the Guidelines
for firearm possession and by two points under Section 3B1.1 for Otero's aggravating role in the crime. The sentencing judge
also reduced Otero's level by two points because he accepted responsibility for his actions. Otero's final offense level was
therefore 34; the sentence range for this level is 151 to 188 months of incarceration. Otero received the minimum term, 151
months. First, Otero challenges the two-point enhancement of his sentence for firearm possession. Otero argues that because his co-conspirator
Perera possessed the firearm and he, Otero, was unaware of the weapon's presence during the crime, the enhancement provision
is inapplicable. The section provides "If a firearm or other dangerous weapon was possessed during the commission of the [drug
offense], increase by 2 levels." Sentencing Guidelines Section 2D1.1(b).

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