Posted On: October 31, 2007
USING CHILDREN AS DECOYS TO SMUGGLE DRUGS WILL GET DEFENDANTS MORE TIME
US v. Preciado, No. 06-50649 (10-31-07).
In this case the 9th Circuit Court of Appeal examines an enhancement for "use of a minor" in the context of smuggling drugs across the border.
The defendant agreed to drive 150 pounds of marijuana across the border, and weeks later picked up the van with several of her children accompanying her. The youngest (age 2) was left with a sister. The defendant was caught at the border.
The 9th circuit affirmed the District Court's enhancement because the court did not err in finding that the children were used as decoys and were not just along for the ride or there because of necessity. The defendant had notice, this was planned, and there was available child care or someone to look after the children.
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