the failure to issue a subpoena.


25
The Government's power to subpoena, however, is not at issue here.  Jines-Diaz did not require compulsion.  He would have willingly appeared at trial but was unable on his own to overcome the immigration hurdles blocking his entry into the United States.  Thus the onus on the United States was not to compel the attendance of Jines-Diaz, but merely to make it possible by requesting a Special Interest Parole from the INS.  This it failed to do, despite several requests for assistance from both the defendant and the judge.  Moreover, this failure directly caused the loss of the defendant's only material witness.  Such a deliberate omission to act, where action was required, by the United States Attorney constitutesby two levels because Filippi was a minor participant.  The guideline range of imprisonment at the resulting base level is 51 to 63 months.  Filippi was sentenced to a term of imprisonment of 57 months, with four years of supervised release.  Filippi now argues that the amount of cocaine used as the basis for establishing the offense was inaccurate.  For a number of reasons, we reject his appeal.


35
First, although it is true that the two experts who submitted evidence on the amount of cocaine contained in the suitcases differed in their findings, both experts found that the amount exceeded 1,500 grams.  Moreover, Filippi's own expert actually estimated the amount of cocaine as higher than the expert for the United States proved at trial.