United States v. Cesar Arellano Ortuno

Summary

The Fifth Circuit affirmed a 210-month sentence for conspiracy to possess with intent to distribute methamphetamine, holding that the district court properly applied a two-level importation enhancement under U.S.S.G. § 2D1.1(b)(5). The court found sufficient evidence of importation from Mexico based on the PSR and agent testimony, and rejected the argument that the enhancement requires the defendant’s knowledge of importation, as that issue is foreclosed by circuit precedent (Serfass, Foulks). Under plain error review, the district court committed no clear or obvious error.

Holdings

1. The information in the PSR and the testimony at sentencing supported a finding of importation; no error, plain or otherwise.
2. The argument that § 2D1.1(b)(5) requires mens rea is foreclosed by circuit precedent; no error.

Questions Presented

1. Whether the district court erred in finding that the offense involved importation of methamphetamine under U.S.S.G. § 2D1.1(b)(5).
2. Whether the district court erred in concluding that § 2D1.1(b)(5) does not require knowledge that the methamphetamine was imported.

Disposition

affirmed