United States v. Flores

Drug cartel hit squad attacks ICE agents traveling through central Mexico, an attempt to steal the agents’ armored car. One agent is killed; one is seriously wounded. Mexican officials arrest members of the hit squad, including defendant (who didn’t participate in attack on ICE agents). He pleads guilty in U.S. to RICO violation, among other things. District court: He gets 12 years in prison. D.C. Circuit: Could be that, in calculating his sentence, the district court considered defendant’s murder of a rival cartel member (in Mexico) as relevant conduct, which it shouldn’t have. Remanded for resentencing.

Tags: 2019, D.C. Circuit, ICE, RICO, Sentencing

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