United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 19-3053 September Term, 2020
FILED ON: April 27, 2021
UNITED STATES OF AMERICA,
APPELLEE
v.
ALFREDO MOSQUERA-MURILLO, ALSO KNOWN AS ALFREDO LOPEZ-GUTIERREZ,
APPELLANT
Appeal from the United States District Court
for the District of Columbia
(No. 1:13-cr-00134-BAH-3)
Before: TATEL, MILLETT, and KATSAS, Circuit Judges.
JUDGMENT
The court considered this appeal on the record from the United States District Court and
the briefs of the parties. See D.C. CIR. R. 34(j). The panel has accorded the issues full
consideration and has determined that they do not warrant a published opinion. See D.C. Cir. R.
36(d). It is hereby
ORDERED AND ADJUDGED, that the sentence of the district court be VACATED and
that the case be REMANDED for resentencing consistent with this court’s opinion in United
States v. Moreno-Membache, No. 19-3051.
Appellant Mosquera-Murillo entered a guilty plea under a plea agreement that contains
language nearly identical to that at issue in Moreno-Membache. In particular, the plea agreement
includes the same ambiguous language concerning the government’s ability to argue the
defendant’s ineligibility for Safety Valve relief, 18 U.S.C. § 3553(f), on the basis of an asserted
leadership or managerial status under Sentencing Guidelines Section 3, Part B. Compare
J.A. 119–125 (Mosquera-Murillo’s plea agreement), with J.A. 130–136 (Moreno-Membache’s
plea agreement). Because the government breached the plea agreement in this case in the same
manner as it did in Moreno-Membache, we vacate Mosquera-Murillo’s sentence and remand for
resentencing on all issues, untainted and unaffected by the government’s arguments and evidence
pertaining to Mosquera-Murillo’s asserted supervisory or managerial role in the conspiracy.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is
directed to withhold issuance of the mandate herein until seven days after resolution of any timely
petition for rehearing or rehearing en banc. See FED. R. APP. P. 41(b); D.C. CIR. R. 41(a)(1).
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk