DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103060P.pdf 04/21/2011 United States v. Antonio Frausto
U.S. Court of Appeals Case No: 10-3060
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Smith and Benton, Circuit Judges]
Criminal Case - sentence. District court did not procedurally err in
imposing two-level enhancement for role in the offense because there was
testimony identifying defendant as speaker in recorded phone calls and
phone calls revealed defendant planned and organized delivery of
methamphetamine between confidential source and two co-conspirators.
Denial of safety-valve relief was not error based on his qualification for
section 3B1.1(c) enhancement. Sentence was not substantively
unreasonable based on sentencing disparity with defendants in unrelated
cases because he was not similarly situated to those defendants or his co-
defendants.