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United States v. Maldonado

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Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

On June 12, 2008, Orlando Maldonado pled guilty to counts related to his role in a conspiracy to distribute in excess of 20 kilograms of cocaine and was sentenced to 120 months’ imprisonment, reflecting a ten-year mandatory minimum imposed by statute. 21 U.S.C § 841(b)(1)(A)(ii) (2006). However, the mandatory minimum was subject to a safe harbor exception. Maldonado claims that the district court miscalculated his criminal history, depriving him of this exception and (potentially) a somewhat lower sentence. The facts are not complicated.

Before entering into a plea agreement in the drug case, Maldonado requested that a pre-sentence report (“PSR”) be prepared. The PSR deemed Maldonado responsible for three transactions involving 28.5 kilograms of cocaine, producing a base offense level of 34, which was reduced to 31 after a three level adjustment for acceptance of responsibility. U.S.S.G §§ 2D1.1(c)(3), 3E1.1 (2007). The PSR also assessed Maldonado two criminal history points, one point for each of two prior Massachusetts offenses: a conviction for driving under the influence in 1998 and a conviction for “attaching plates” in 2001. U.S.S.G § 4A1.1.

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