July 9, 2012
Where a sentencing court fails to address, even fleetingly, a meritorious argument in mitigation that is not a stock argument, the sentence must be vacated and remanded for consideration of that argument.
Vincente Ramirez-Mendoza was part of a large drug trafficking organization. In April or May 2010, Roberto Vizcaino-Ortiz introduced Ramirez-Mendoza to his brother, Hector Vizcaino-Ortiz. Ramirez-Mendoza agreed to act as a middleman for marijuana transactions between Hector and a supplier, Jose Rodriguez. The arrangement lasted through August 2010, when Hector stopped paying Rodriguez for marijuana bought on consignment.
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