U.S. v. Garcia
"[T]he quantity of drugs attributed to a defendant need not be foreseeable to him when he personally participates, in a direct way, in a jointly undertaken drug transaction," pursuant to U.S. v. Chalarca, a 1996 decision of the U.S. Court of Appeals for the 2nd Circuit. The defendant, Tommy Garcia, pled guilty to distribution of cocaine and cocaine base as a drug courier and was sentenced to 70 months in prison. Garcia appealed and argued that the District Court wrongly found that he was responsible for a certain quantity of crack cocaine. In a memorandum on sentencing, Garcia apparently stated that he did not object to facts in the presentence report, which indicated he was responsible for six kilograms of cocaine base. At sentencing, the defendant agreed that his pay depended on the amount of drugs sold and that he received $600 to $800 for sales of one kilogram of cocaine base. "Garcia," wrote the 2nd Circuit, "intentionally waived his right to challenge the factual bases of his sentence, including the drug quantity for which he was held accountable at sentencing." As a result of his admission about drug quantity, Garcia qualified for safety valve relief from the minimum 10-year sentence and a three-level reduction for acceptance of responsibility. Garcia's sentence of 70 months was below the U.S. Sentencing Guidelines range of 87 to 108 months. The 2nd Circuit affirmed the decision of the District Court, Thompson, J.