Background
A jury found Omar Tijerina guilty of possession with intent to distribute cocaine and conspiracy to possess with intent to distribute cocaine.
The district court calculated Tijerina’s guidelines range using a drug quantity exceeding three kilograms of cocaine and sentenced him at the top of that range. On appeal, Tijerina argued that the calculation improperly included two kilograms unsupported by the record. The government agreed, although Tijerina had not preserved the issue in the district court.
The Court’s Holding
The Fifth Circuit independently reviewed the unpreserved sentencing issue for plain error despite the government’s concession. Based on the parties’ arguments and the full record, the court concluded that including the additional two kilograms was a clear and obvious error.
The court further held that the error affected Tijerina’s substantial rights and warranted correction under plain-error review. It vacated his sentence and remanded for resentencing. Because that error required resentencing, the court did not address Tijerina’s separate challenge to another component of the drug-quantity calculation.
Key Takeaways
- A drug quantity used to calculate a guidelines range must be supported by the record.
- An unsupported quantity can constitute reversible plain error even when the defendant did not object below.
- The Fifth Circuit vacated only Tijerina’s sentence and remanded for resentencing; it did not disturb his convictions.
Why It Matters
The decision underscores the appellate consequences of an unsupported drug-quantity finding when that finding increases the applicable guidelines range. A defendant sentenced under an erroneously elevated range may obtain resentencing under plain-error review if the error affected substantial rights and warrants discretionary correction.
It also illustrates that a government concession does not end the appellate inquiry: the Fifth Circuit independently evaluates whether all requirements for plain-error relief are satisfied.