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United States v. Alejandra Vega-Delgado, 14-10408 (2014)

Court: Court of Appeals for the Eleventh Circuit Number: 14-10408 Visitors: 82
Filed: Jul. 17, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 14-10408 Date Filed: 07/17/2014 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-10408 Non-Argument Calendar _ D.C. Docket No. 8:13-cr-00295-RAL-TBM-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRA VEGA-DELGADO, Defendant-Appellant. _ Appeal from the United States District Court for the Middle District of Florida _ (July 17, 2014) Before HULL, MARCUS and PRYOR, Circuit Judges. PER CURIAM: Alejandra Vega-Delgado appeals he
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              Case: 14-10408    Date Filed: 07/17/2014   Page: 1 of 3


                                                             [DO NOT PUBLISH]

               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE ELEVENTH CIRCUIT
                          ________________________

                                No. 14-10408
                            Non-Argument Calendar
                          ________________________

                  D.C. Docket No. 8:13-cr-00295-RAL-TBM-2


UNITED STATES OF AMERICA,


                                                                  Plaintiff-Appellee,

                                      versus

ALEJANDRA VEGA-DELGADO,


                                                             Defendant-Appellant.

                          ________________________

                   Appeal from the United States District Court
                       for the Middle District of Florida
                         ________________________

                                  (July 17, 2014)

Before HULL, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

      Alejandra Vega-Delgado appeals her sentence of 46 months of

imprisonment, following her pleas of guilty to conspiring to possess and to
               Case: 14-10408     Date Filed: 07/17/2014    Page: 2 of 3


possessing with intent to distribute cocaine. 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C);

846. Vega-Delgado argues that she was entitled to a reduction in her base offense

level for her minor role in the offense. We affirm.

      The district court did not clearly err by denying Vega-Delgado’s request for

a reduction for her minor role. A defendant is eligible for a two-level reduction in

her base offense level if she “was a minor participant,” United States Sentencing

Guidelines Manual § 3B1.2(b) (Nov. 2013), whose “part in committing the offense

. . . ma[de] [her] substantially less culpable than the average participant,” 
id. § 3B1.2
cmt. n.3(A). To warrant a reduction, the defendant’s role in the offense

must be minor in comparison to her relevant conduct and in comparison to other

participants in the offense. United States v. Alvarez-Coria, 
447 F.3d 1340
, 1343

(11th Cir. 2006). Based on the information in Vega-Delgado’s presentence

investigation report, to which she did not object, see United States v. Turner, 
626 F.3d 566
, 572 (11th Cir.2010), her relevant conduct is identical to her actual

conduct, which consisted of transporting 2.73 kilograms of cocaine from Texas to

Florida; calling a confidential source to obtain a buyer; scheduling the transaction;

and transferring the cocaine from the confidential source’s residence to the trunk of

a vehicle used to transport the cocaine to the buyer. And Vega-Delgado’s conduct

is not “substantially less” than that of her codefendant, who negotiated the price

and delivered the cocaine to the buyer. See U.S.S.G. § 3B1.2 cmt. n.3(A).


                                           2
      Case: 14-10408   Date Filed: 07/17/2014   Page: 3 of 3


We AFFIRM Vega-Delgado’s sentence.




                               3

Source:  CourtListener

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