United States v. Cordoba-Hincapie
United States District Court for the Eastern District of New York
825 F.Supp. 485 (1993)
Relevant factsFree
Maria Cordoba-Hincapie and Libardo Buelvas-Castro (defendants) separately smuggled heroin into the United States from Colombia and pleaded guilty to reduced charges carrying no mandatory minimum sentence. At their sentencing hearings, both credibly testified they believed they were carrying cocaine rather than heroin, a distinction that mattered because the Sentencing Guidelines punish heroin offenses more severely than cocaine offenses.
IssueFree
Whether a defendant's credible mistake of fact about which drug he was carrying must be considered in determining his sentence, and if so, who bears the burden of proof on that question.