Velasquez-Mercado v. United States

recognizing the question but basing enhancement under section 3C1.1 on additional finding that defendant threatened witness | recognizing the question but basing enhancement under section 3C1.1 on additional finding that defendant threatened witness | recognizing exception for search incident to arrest as matter of state constitutional law | recognizing exception for search incident to arrest as matter of state constitutional law | recognizing exception for search incident to arrest as matter of state constitutional law | recognizing exception for search incident to arrest as matter of state constitutional law | recognizing exception for search incident to arrest as matter of state constitutional law | sexually abused female illegal aliens were not “victims” to crime of conviction, the transportation of illegal aliens; accordingly, § 3A1.1 does not apply | “[i]t is by now common knowledge that cocaine is often packaged as a white powder in small plastic bags” [internal quotation marks omitted] | “expert testimony that individuals possessing large amounts of drugs often carry weapons to protect their goods” | “ ‘[a] defendant claiming discriminatory prosecution must show (1) that others similarly situated have generally not been prosecuted and that he has been singled out and (2