In United States v. Ibarra, No. 06-0742-cr (2d Cir. May 7, 2008), the court held that the district court erred denying the “minor participant” reduction to a drug courier. The defendant “participated in only one of the conspiracy’s two drug hand-offs,” played “lesser role than anyone else involved in the conspiracy,” and his participation was limited to accompanying another defendant, “to whom he was clearly subordinate.”
In United States v. LaFlam, No. 07-0253-cr (2d Cir. May 5, 2008), the court held that a state conviction for cultivation of marijuana was a career offender predicate because it involved the “manufacture” of a controlled substance.
