In U.S. v. Perez-Oliveros, No. 06-12757 (Feb. 22, 2007), the Court affirmed the conviction and sentence of a defendant convicted of methamphetamine trafficking.
The Court affirmed the sentence enhancement under USSG § 2D1.1(b)(4), which calls for a two-level increase if the offense involved the importation of methamphetamine. The Court noted that from the fact of Perez’ truck having crossed the Mexican border 14 hours prior to Perez’ arrest, the sentencing court could infer that the methamphetamine was in Perez’ truck when it crossed the border. The Court also rejected the argument that no evidence showed Perez was in the truck when it crossed the border. The Court pointed out that the enhancement applies if the offense "involved" importation. The Court also rejected the argument that the importation had ended by the time Perez began driving the truck. The Court noted that importation is a continuous crime that is not complete until the controlled substance reaches its final destination point, which in this case was Mobile, Alabama, where Perez was destined.
