Judge P. Kevin Castel
A2005 indictment and an indictment in the District of Massachusetts charged Orozco-Mendez with conspiring to import and distribute one or more kilos of heroin. The Massachusetts indictment was dismissed before extradition from Colombia. At proffer sessions before his 2008 guilty plea, Orozco-Mendez admitted to investing in two loads of heroin destined to the United States, including a 16-kilo load seized in 2005. Sentence to a below-guidelines mandatory minimum term of 108 months was affirmed. The court denied 28 USC §2255 relief. Sentence could not be reduced below 120 months absent safety valve relief, which he could not have shown entitlement to absent admitting to the 16-kilo load. Because he was sentenced below the mandatory minimum for the one kilogram or more of heroin specifically pleaded to, Orozco-Mendez did not show sentence exceeded the maximum authorized by established facts. The court also rejected his claim that the Rule of Specialty was violated when the 16-kilo load was considered for sentencing purposes because it was not specifically charged in the indictment on which he was extradited.
