United States of America v. Manuel Sarabia-Martinez, A/K/A Felipe Gutierrez Fernandez, A/K/A Felipe Rodriguez Fernandez

276 F.3d 447, 2002 U.S. App. LEXIS 547, 2002 WL 43175
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 14, 2002
Docket01-2794
StatusPublished
Cited by40 cases

This text of 276 F.3d 447 (United States of America v. Manuel Sarabia-Martinez, A/K/A Felipe Gutierrez Fernandez, A/K/A Felipe Rodriguez Fernandez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America v. Manuel Sarabia-Martinez, A/K/A Felipe Gutierrez Fernandez, A/K/A Felipe Rodriguez Fernandez, 276 F.3d 447, 2002 U.S. App. LEXIS 547, 2002 WL 43175 (8th Cir. 2002).

Opinion

*450 FENNER, District Judge.

Manuel Sarabia-Martinez appeals his conviction and sentence after trial by jury for conspiring to distribute and possessing with intent to distribute methamphetamine, cocaine, and marijuana.

The jury found that Sarabia-Martinez conspired to distribute in excess of 500 grams of methamphetamine. At sentencing, the Honorable David S. Doty, United States District Judge for the District of Minnesota, found that Sarabia-Martinez was responsible for conspiring to distribute the equivalent of over 30,000 pounds of marijuana, which resulted in a base offense level of 38. Judge Doty further found that Sarabia-Martinez was a leader and organizer of an extensive drug trafficking network, and concluded that a four-level enhancement, pursuant to United States Sentencing Guideline Section 3Bl.l(a), was warranted. Sarabia-Mar-tinez was sentenced to 360 months imprisonment.

On appeal, Sarabia-Martinez argues that the district court erred at sentencing by holding him responsible for the equivalent of 30,000 kilograms of marijuana and by assessing the four-level enhancement finding that he was an organizer or leader of a conspiracy that involved fewer than five participants, but was otherwise extensive. Sarabia-Martinez further argues that the district court erred at trial by allowing expert testimony which he claims improperly related to his state of mind.

DRUG QUANTITY

In the case at bar, the jury determined by its special verdict that more than 500 grams of methamphetamine were involved in the conspiracy. The verdict exposed the defendant to an enhanced statutory maximum sentence with the determination of the actual quantity of drugs for the purpose of determining where within the enhanced statutory^ range the defendant should be sentenced pursuant to the Sentencing Guidelines an issue for the sentencing judge. The government had the burden of proving the quantity of drugs by a preponderance of the evidence. United States v. Atkins, 250 F.3d 1203, 1211 (8th Cir.2001). The base offense level is determined by all acts that were committed, aided, abetted, or willfully caused by the defendant “that occurred during the commission of the offense of conviction.” Id. (Quoting U.S.S.G. § lB1.3(a)(l)(A)). A district court’s drug quantity calculations are reviewed for clear error. United States v. Moss, 138 F.3d 742, 745 (1998).

Sarabia-Martinez concedes that he was responsible for conspiring to distribute the equivalent of 29,717 kilograms of marijuana, but claims that the district court erred by relying on the testimony of a cooperating witness to hold him responsible for an additional car load of drugs brought to Minnesota on August 6, 2000.

Arguments about the reliability of a witness are in reality an attack on the credibility of that testimony, and witness credibility is an issue for the sentencing judge that is virtually unreviewable on appeal. United States v. Behler, 14 F.3d 1264, 1273 (8th Cir.1994), cert. denied, 513 U.S. 960, 115 S.Ct. 419, 130 L.Ed.2d 335 (1994). See also Moss, 138 F.3d at 745. In making its drug quantity determination, “the district court may consider any evidence ... as long as it has ‘sufficient indicia of reliability to support its probable accuracy.’ ” Atkins, 250 F.3d at 1212 (quoting U.S.S.G. § 6A1.3). A sentencing court may determine drug quantity based on the testimony of a co-conspirator alone. See United States v. Payne, 119 F.3d 637, 645 (8th Cir.1997); United States v. Casas, 999 F.2d 1225, 1230 (8th Cir.1993), cert. *451 denied, 510 U.S. 1078, 114 S.Ct. 894, 127 L.Ed.2d 86 (1994).

The record reflects that a cooperating witness on behalf of the government identified Sarabia-Martinez and Luis Gomez-Mercado as his sources for illegal drugs. The cooperating witness made a number of controlled purchases from Sara-bia-Martinez and Gomez-Mercado. The cooperating witness testified that on August 7 and 8, 2000, while meeting with Gomez-Mercado to discuss drug purchases, Gomez-Mercado told him that on August 6, 2000, he helped Sarabia-Mar-tinez retrieve a car that had broken down while carrying drugs from California to Minnesota. The car had broken down at the border of North Dakota and Minnesota. Gomez-Mercado said that the car was driven by an older woman and members of Sarabia-Martinez’s family. Gomez-Mercado told the cooperating witness that the car was loaded with 30 pounds of methamphetamine, two kilograms of cocaine, and 40 pounds of marijuana.

The cooperating witness’ testimony was corroborated by a recorded conversation as well as law enforcement having spotted the car in question both when it was broken down and later at Sarabia-Martinez’ residence. The district court was entitled to rely on the testimony of the cooperating witness and did not err by so doing in determining the drug quantity attributable to Sarabia-Martinez.

Defendant’s first point is denied.

ORGANIZER OR LEADER ENHANCEMENT

In his second point, Sarabia-Martinez argues that the district court erred by applying a four-level enhancement for his being an organizer or leader of an otherwise extensive drug trafficking network.

The Sentencing Guidelines require that the defendant’s offense level be increased by four levels, “if the defendant was an organizer or leader of a criminal activity that involved five or more participants, or was otherwise extensive.” U.S.S.G. § 3131.1(a). The terms “organizer” and “leader” are to be broadly interpreted. United States v. Maxwell, 25 F.3d 1389, 1399-1400 (8th Cir.1994), cert. denied, 513 U.S. 1031, 115 S.Ct. 610, 130 L.Ed.2d 519 (1994).

Factors the court should consider in determining whether to apply the four-level enhancement for the defendant’s role as a leader and organizer of the criminal activity include the exercise of decision-making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others. U.S.S.G. § 3B1.1, App. Note 4; United States v. Harry, 960 F.2d 51, 54 (8th Cir.1992).

The enhancement must be supported by a preponderance of the evidence. United States v. Rodgers, 122 F.3d 1129, 1133 (8th Cir.1997), cert. denied,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Theodore Browne
89 F.4th 662 (Eighth Circuit, 2023)
United States v. Gabriel Orlando Ramirez
21 F.4th 530 (Eighth Circuit, 2021)
United States v. Wakinyan McArthur
11 F.4th 655 (Eighth Circuit, 2021)
United States v. Jamayal Mannings
850 F.3d 404 (Eighth Circuit, 2017)
United States v. Amaya
949 F. Supp. 2d 895 (N.D. Iowa, 2013)
United States v. Marvin Lopez
497 F. App'x 687 (Eighth Circuit, 2013)
United States v. Nicole Walker
688 F.3d 416 (Eighth Circuit, 2012)
United States v. Rodriguez-Ramos
663 F.3d 356 (Eighth Circuit, 2011)
United States v. Elio Hernandez
354 F. App'x 277 (Eighth Circuit, 2009)
United States v. Allmon
500 F.3d 800 (Eighth Circuit, 2007)
United States v. Grover
486 F. Supp. 2d 868 (N.D. Iowa, 2007)
United States v. William Joseph Headbird
461 F.3d 1074 (Eighth Circuit, 2006)
United States v. Batts
171 F. App'x 977 (Fourth Circuit, 2006)
United States v. Leland Richard Vinton
429 F.3d 811 (Eighth Circuit, 2005)
United States v. Leland Vinton
Eighth Circuit, 2005
United States v. Rafael Beltran-Arce
415 F.3d 949 (Eighth Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
276 F.3d 447, 2002 U.S. App. LEXIS 547, 2002 WL 43175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-v-manuel-sarabia-martinez-aka-felipe-gutierrez-ca8-2002.