Background
Moises Campos-Espinosa was convicted of conspiracy to distribute heroin and cocaine and possession of cocaine with intent to distribute. He appealed the 121-month prison term imposed on remand, challenging the denial of safety valve relief and a mitigating role adjustment.
The court’s reasoning
The court held that the district court’s finding regarding safety valve relief was plausible given the record. The defendant’s testimony was contradicted by other testimony and physical evidence, and his claim of truthfulness was undercut by the jury’s guilty verdict. Regarding the role adjustment, the court found the defendant was an average participant. Although he claimed to be a courier, the record showed he helped form the distribution cell and worked with others to purchase a tractor trailer for transporting drugs and money.
What it means going forward
Defendants seeking safety valve relief or mitigating role adjustments must provide testimony and evidence that are not contradicted by the trial record or jury verdicts.