United States v. Salvador-Gutierrez

Summary

This en banc opinion from the First Circuit addresses whether the two-level upward sentencing adjustment under U.S.S.G. § 3B1.4 for using a minor applies based on the reasonably foreseeable conduct of co-conspirators or requires personal affirmative acts by the defendant. The court overrules its prior precedent in United States v. Patrick, holding that the guideline's plain language specifies that the adjustment applies only when the defendant personally used or attempted to use a minor. Although the court reverses the district court's reliance on foreseeable co-conspirator conduct, it affirms the life sentence based on an alternative finding that the defendant personally directed a minor during the underlying murder.