USA v. Marco Antonio Cordero

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 6, 2010
JOHN P. LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-13023
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D. C. Docket No. 05-00057-CR-2-HLM-4
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCO ANTONIO CORDERO,
SAMMY DUQUE,
JUAN DUQUE,
DANIEL VILLENAS-REYES,
a.k.a. Oscar,
a.k.a. Daniel Martinez,
a.k.a. Oscar Hernandez-Ruiz,
SHANE ROSSER,
a.k.a. Hawk,
Defendants-Appellants.
________________________
Appeals from the United States District Court
for the Northern District of Georgia
_________________________
(January 6, 2010)

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Before BLACK, WILSON and COX, Circuit Judges.
PER CURIAM:
Marco Antonio Cordero, Sammy Duque, Juan Duque, Daniel Villenas-
Reyes, and Shane Rosser appeal, on several grounds, their multi-count trial
convictions and sentences. We have read the briefs, reviewed the record, and had
the benefit of oral argument. We find no merit to the issues raised by the
appellants, with the exception of one issue raised by Sammy Duque. We find that
there was not a sufficient evidentiary basis to support the trial court’s finding that
Sammy Duque was responsible for more than fifteen kilograms of
methamphetamine. Furthermore, the court failed to make factual findings on
Duque’s relevant conduct and whether the conduct of his co-conspirators was
reasonably foreseeable to him for purposes of analysis under U.S.S.G. § 1B1.3(a).
The Government, having had an opportunity to present evidence on the drug
quantity attributable to Sammy Duque (both individually and as a part of the
conspiracy) should not be afforded another opportunity to present evidence
relevant to the drug quantity finding. See United States v. Canty, 570 F.3d 1251,
1257 (11th Cir. 2009). Accordingly, we vacate Sammy Duque’s sentence on the
issue of the trial court’s drug-quantity calculation and remand for further findings.
AFFIRMED IN PART, AND VACATED AND REMANDED IN PART.
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