042289P.pdf   04/17/2006  United States  v.  Mario Alberto Bueno
   U.S. Court of Appeals Case No:  04-2289
                          and No:  04-2338
   Western District of Missouri   
   [PUBLISHED] [Wollman, Author, with Fagg and Arnold, Circuit Judges]
   Criminal Case - conviction. District court's determination that defendant
   was eligible for minor participant reduction is not supported by
   substantial evidence because defendant did not show relative culpabilities
   of other participants in the offense. District court's grant of downward
   departure due to aberrant behavior was unwarranted, as offense required
   considerable planning, was carried out over a number of days, and
   involved a serious drug trafficking offense. Downward departure for
   family ties and responsibility requires life threatening condition;
   defendant failed to show his wife's situation was life threatening or that
   defendant's care was necessary part of treatment. Eighteen-month
   sentence or 83% departure was unreasonable. District court did not err
   in denying motion to suppress, as district court's credibility determination
   were clearly erroneous, officer acted objectively reasonably in stopping
   vehicle and during search. District court did not abuse its discretion in
   quashing subpoena duces tecum.