181 F.3d 955 (8th Cir. 1999), 98-3276, United States v. Ramirez

Docket Nº98-3276
Citation181 F.3d 955
Party NameUNITED STATES OF AMERICA, APPELLEE, v. JORGE ARELLANO RAMIREZ, APPELLANT.
Case DateJune 22, 1999
CourtUnited States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 955

181 F.3d 955 (8th Cir. 1999)

UNITED STATES OF AMERICA, APPELLEE,

v.

JORGE ARELLANO RAMIREZ, APPELLANT.

No. 98-3276

United States Court of Appeals, Eighth Circuit

June 22, 1999

Submitted: March 9, 1999

Appeal from the United States District Court for the Southern District of Iowa.

Before Richard S. Arnold and Hansen, Circuit Judges, and Strom, 1 District Judge.

Hansen, Circuit Judge.

Jorge Arellano Ramirez pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to 57 months' imprisonment. Ramirez appeals from the district court's2 refusal to grant him a two-level reduction for a minor role in the offense under United States Sentencing Guideline § 3B1.2 (1997). We affirm.

I.

On November 19, 1997, surveillance officers witnessed a drug transaction wherein Ramirez received a white bag from Javier Mayorga and Jose Glass. Shortly thereafter, the officers recovered fifteen ounces of methamphetamine from Ramirez's car during a consensual search following a traffic stop. Ramirez was charged with conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.

Page 956

The indictment alleged a conspiracy from approximately November 1 through November 20, 1997. The government agreed to dismiss the possession charge and not to charge Ramirez with any other conduct arising from the investigation in exchange for Ramirez's plea on the conspiracy count. The government stipulated that Ramirez would not be held accountable for methamphetamine discovered in Mayorga's apartment and that the net weight of pure methamphetamine attributable to Ramirez was less than 100 grams.

Based on the amount of methamphetamine recovered from Ramirez's car, the district court found that Ramirez's base offense level was 30. See USSG § 2D1.1. The district court granted Ramirez a two-level safety valve reduction, see USSG § 5C1.2, and a three-level acceptance of responsibility reduction, see USSG § 3E1.1, resulting in an adjusted base offense level of 25. The district court refused to give Ramirez a two-level reduction for minor role in the offense, see USSG § 3B1.2(b), because Ramirez was not less culpable than other participants related to the drugs recovered from Ramirez's car. Based on Ramirez's criminal history category of I, Ramirez was subject to a sentence between 57 and 71 months in prison. The district court...

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2 practice notes
  • 234 F.3d 368 (8th Cir. 2000), 00-1274, United States v. Sadler
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • December 8, 2000
    ...dealing with the legal interpretation and construction of the sentencing guidelines, our review is de novo. See United States v. Ramirez, 181 F.3d 955, 956 (8th Cir. Rule 35(c) permits a district court to "correct a sentence that was imposed as a result of arithmetical, technical, or o......
  • 718 F.3d 994 (8th Cir. 2013), 12-3694, United States v. Lara
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • June 20, 2013
    ...in the single episode of his arrest and not those related to the greater reach" of his criminal activity. United States v. Ramirez, 181 F.3d 955, 956 (8th Cir.1999). See also United States v. Lucht, 18 F.3d 541, 556 (8th Cir.1994) (" To take the larger conspiracy into account only......
2 cases
  • 234 F.3d 368 (8th Cir. 2000), 00-1274, United States v. Sadler
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • December 8, 2000
    ...dealing with the legal interpretation and construction of the sentencing guidelines, our review is de novo. See United States v. Ramirez, 181 F.3d 955, 956 (8th Cir. Rule 35(c) permits a district court to "correct a sentence that was imposed as a result of arithmetical, technical, or o......
  • 718 F.3d 994 (8th Cir. 2013), 12-3694, United States v. Lara
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • June 20, 2013
    ...in the single episode of his arrest and not those related to the greater reach" of his criminal activity. United States v. Ramirez, 181 F.3d 955, 956 (8th Cir.1999). See also United States v. Lucht, 18 F.3d 541, 556 (8th Cir.1994) (" To take the larger conspiracy into account only......