Hansel Janel Rijo-Guerrero v. United States
1. Did the district court err when it imposed a two-level sentencing enhancement pursuant to USSG § 2D1.1(b)(3)(C) where the Government failed to prove by a preponderance of the evidence that Mr. Rijo-Guerrero acted as a pilot, co-pilot, captain, navigator, flight officer or any other operation officer aboard any craft or vessel carrying a controlled substance?
2. Did the district court adequately explain its rejection of Mr. Rijo-Guerrero's nonfrivolous argument for a downward variance based on the need to avoid an unwarranted sentencing disparity between him and his co-defendants?
3. Did the district court err when it denied Mr. Rijo-Guerrero's request for downward variance where he received a sentence of 188 months of imprisonment, 101 months more than the captain of the ship transporting the contraband?
Whether the district court erred in imposing a two-level sentencing enhancement and denying a downward variance for a defendant convicted of drug trafficking offenses