Date: 11-14-2025

Case Style: United States of America v. Fernanda Itzel Rivas

Case Number: 24-CR-1822

Judge: Not Available

Court: United States District Court for the Western District of Texas (El Paso County)

Plaintiff's Attorney: United States District Attorney's Office in El Paso

Defendant's Attorney:

Description: El Paso, Texas, criminal defense lawyer represented the Defendant charged with drug possession with intent to distribute.

n July 24, 2024, Rivas was arrested at the Bridge of the Americas port of entry in El Paso, Texas. Rivas had over seven kilograms of cocaine in her car at the time of her arrest. Rivas also had her five-year-old son and six-month-old daughter in the car. Rivas was charged and pled guilty to, importing and possessing with intent to distribute, a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 8411 (a)(1), (b)(1)(C), 952(a), 960(a)(1), and 960(b)(3). She also pled guilty to possession with intent to distribute, a quantity of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C).

Rivas is a nineteen-year-old U.S. citizen, born in El Paso, Texas. She lives in Ciudad Juarez, Mexico with her husband. Her mother and brother also live in Mexico. On the night of July 23, 2024, Rivas received a call from an un-indicted coconspirator (“UCC”). Rivas was told there would be drugs for her to deliver the following day. On July 24, 2024, Rivas arrived at the UCC’s residence and received over seven kilograms of cocaine. The cocaine was placed in a hidden non-factory compartment of her vehicle. This was not her first delivery. Rivas admitted to smuggling cocaine for the UCC for at least a year.

U.S. Sentencing Guidelines § 3B1.4 addresses the use of a minor in a crime and adds a
2-level increase to a defendant's offense level if they used or attempted to use a person under 18 to commit the offense or to assist in avoiding detection. This enhancement applies to various forms of "use," such as directing, recruiting, soliciting, or intimidating the minor.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: