Whether the district court erred in imposing a two-level sentencing enhancement and denying a downward variance for a defendant convicted of drug trafficking offenses

The First Circuit affirmed the judgment entered in the case of Mr. Rijo-Guerrero, who received a sentence of 188 months for conspiracy to import cocaine, importation of cocaine, conspiracy to possess with intent to distribute cocaine, and possession with intent to distribute cocaine. This petition presents the following issues: 1. Did the district court err when it imposed a two-level sentencing enhancement pursuant to USSG § 2D1.1(b)(3)(C) where the Government failed to prove by a preponderance of the evidence that Mr. Rijo-Guerrero acted as a pilot, co-pilot, captain, navigator, flight officer or any other operation officer aboard any craft or vessel carrying a controlled substance? 2. Did the district court adequately explain its rejection of Mr. Rijo-Guerrero’s nonfrivolous argument for a downward variance based on the need to avoid an unwarranted sentencing disparity between him and his co-defendants? 3. Did the district court err when it denied Mr. Rijo-Guerrero’s request for downward variance where he received a sentence of 188 months of imprisonment, 101 months more than the captain of the ship transporting the contraband?