Federal Drug Trafficking: Record Minimum Sentence

Client, a 19‑year‑old from Tijuana, was arrested at the San Ysidro Port of Entry and charged with federal drug trafficking under 21 U.S.C. §§ 952 and 960 after border agents discovered 25 kilograms of methamphetamine in his vehicle. The charges carried a 10‑year mandatory minimum and a guideline range exceeding 12 years. Through strategic investigation and innovative sentencing advocacy, we secured the lightest methamphetamine sentence ever imposed by this judge, who is known for strictly following the guidelines.

Our cleint was told to drive vehicles across the border to help “burn plates,” a practice where vehicles make multiple uneventful crossings to reduce scrutiny for future smuggling runs. He was told he would only be burning plates and would not carry drugs.

The client faced a 10‑year mandatory minimum. On paper, this appeared to be a straightforward, high‑volume trafficking case. When we reviewed discovery, we noticed a critical detail: the lab report listed the methamphetamine purity as 8.6 percent, not 86 percent as initially assumed. This meant that of the 25 kilograms, less than 2 kilograms were actually methamphetamine.

We used this fact to develop a credible alternative theory. Based on the low purity, the attention‑grabbing car, and the lack of any destination or instructions, we argued that the traffickers had sacrificed a 19‑year‑old kid as a diversion for a larger, purer shipment that was crossing behind him.

At sentencing, the federal judge opened the hearing by saying that our request for a few months in custody was an insult to the court and reminded everyone of his history of imposing harsh sentences in border meth cases. What followed was an hour‑long back‑and‑forth in which every aspect of the defense theory was tested.

By the conclusion of the hearing, the judge agreed there was no other reasonable explanation for the facts. He imposed the lightest methamphetamine trafficking sentence he had ever given. In open court, the judge remarked that he could not remember the last time he had changed his mind so drastically during a sentencing hearing.

This case demonstrates that careful investigation, attention to detail, and creative advocacy can achieve extraordinary results in federal drug cases carrying mandatory minimums and guideline ranges exceeding 12 years.