DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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211211P.pdf 05/26/2022 United States v. Felipe Noriega, Jr.
U.S. Court of Appeals Case No: 21-1211
and No: 21-1324
and No: 21-1419
and No: 21-1421
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Shepherd, Author, with Benton and Stras, Circuit Judges]
Criminal case - Criminal Law and Sentencing. The traffic stop of defendant
Noriega's vehicle was not unlawfully extended based on the facts presented
- defendant's nervousness, his inability to explain his travel plans, the
strong odor of air freshener, and the officer's experience in drug
interdiction stops; the defendants' sentences were not substantively
unreasonable; a district court may vary from a Guideline on policy
grounds, but it is not required to do so; the district court did not
commit a procedural error when it denied defendant Cuevas's argument that
he should received a mitigating role reduction under Guidelines Sec.
3B1.2(b) as he played multiple roles in the drug trafficking organization;
consequently, the court did not err in applying a three-level reduction
pursuant to Guidelines Sec. 2D1.1(a)(5).