United States v. Dariusz Piotr Kiulin

360 F.3d 456, 64 Fed. R. Serv. 940, 2004 U.S. App. LEXIS 4890, 2004 WL 503862
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 16, 2004
Docket02-4831
StatusPublished
Cited by97 cases

This text of 360 F.3d 456 (United States v. Dariusz Piotr Kiulin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Dariusz Piotr Kiulin, 360 F.3d 456, 64 Fed. R. Serv. 940, 2004 U.S. App. LEXIS 4890, 2004 WL 503862 (4th Cir. 2004).

Opinion

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Dariusz Piotr Kiulin pleaded guilty to possessing, with intent to distribute, 3,4-Methylenedioxymethamphetamine (popularly known as ecstasy) in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and to interstate travel with the intent to promote an unlawful activity in violation of 18 U.S.C. §§ 1952(a)(3) and 2. The district court sentenced Kiulin to 151 months in prison for the first violation and 60 months, to run concurrently, for the second violation. Kiulin now appeals from the district court’s determination of his sentence.

I.

Appellant, Kiulin, was riding in the passenger seat of a rental car, driven by Piotr Franciszek Cetera, when the car was stopped by Deputy Steven Lovin of the Robeson County, North Carolina Police Department, for weaving between lanes. After routine questioning of both Cetera and Kiulin, Kiulin consented to a search of the car. In the course of the search, Deputy Lovin discovered 2,996 pills of ecstasy, $11,603 in United States currency, and $78,250 in Canadian currency, all wrapped separately in a black t-shirt and hidden in the car’s trunk under the spare-tire cover. Deputy Lovin also found $9,337 in money orders in Kiulin’s bag. Converted to United States dollars, the total amount of money in Kiulin’s possession was $67,987.96.

Kiulin and Cetera were subsequently arrested, and, after waiving his Miranda rights, Kiulin was interrogated by the Robeson County police. After questioning, Kiulin signed a statement that the ecstasy found in the rental car did not belong to him, but, instead, belonged to a man named “Steve,” who Kiulin met at a bar in Toronto, Canada, and knew only by first name; the statement reported that during this initial meeting Steve offered to pay Kiulin $10,000 to drive the pills to *459 south Florida and that, at a subsequent meeting the next day, Kiulin accepted the offer. J.A. 26. The statement further recited that, after accepting the offer, Kiu-lin flew to Newark, New Jersey, rented a car, and drove 400 miles to Niagara Falls, where he reunited briefly with Steve. J.A. 26-27. At this time, Steve gave Kiulin both the pills and the money, which Kiulin believed to be “drug money,” eventually-found by Deputy Lovin in the car. J.A. 27. Steve also gave Kiulin an initial payment of $6,000 for his services, and promised to pay the remaining $4,000 after Kiulin delivered the “merchandise.” Id. Kiulin was in the process of transporting the money and the pills to Florida, pursuant to his agreement with Steve, when he was stopped by Deputy Lovin.

The signed statement did not include any reference to the role that Cetera, the driver of the car, played in the transportation of the pills. However, roughly three days after Kiulin signed the statement, Deputy Lovin prepared a typed attachment, documenting additional statements that Kiulin had made relating to Cetera on the day of his arrest. The attachment stated that Kiulin had said that Cetera accompanied him from Newark to Niagara Falls, that Cetera had helped him hide the pills and cash in the trunk of the car, and that Kiulin planned to divide the $10,000 payment from Steve with Cetera. J.A. 27-28,102. That Cetera played an active role in the trafficking of ecstasy was also confirmed by two inmates at the Robeson County Jail, both of whom testified under oath at Cetera’s trial that Kiulin and Cet-era spoke “openly and freely” about this and other drug trafficking experiences to them and other inmates while incarcerated. J.A. 39-41.

On January 1, 2002, the government recorded a conversation between Cetera and Andrew Kubiak, a.k.a. Przemek, a mutual friend of both Cetera and Kiulin, in which Cetera told Kubiak that he and Kiulin “agreed that [Kiulin] will say that [Cetera] had nothing to do with” the transportation of the pills and money. J.A. 38. Later in the conversation, Cetera asked Kubiak, who had recently spoken to Kiulin, whether Kiulin “changed his statement.” Kub-iak assured him that Kiulin had not. J.A. 39. In response to this assurance, Cetera told Kubiak, “I have a chance because, you know, he said that everything is his.” Id.

Kiulin’s later statements regarding Cet-era’s involvement in the transportation of ecstasy were consistent with Cetera’s description of the agreement that he and Kiulin had struck. In contrast to the statement that Kiulin made to Deputy Lo-vin, Kiulin told Agent Stogsdill that he did not pick Cetera up until after he had driven to Niagara Falls and received the pills and cash from Steve. J.A. 65. He further stated that, although Cetera helped him hide the pills and cash in the trunk, he could not remember whether he had informed Cetera that either were connected to illicit activity. J.A. 66-67.7

On April 1, 2002, without an agreement with the United States, Kiulin pleaded guilty to possession of ecstasy with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and to interstate travel with the intent to promote an unlawful activity, in violation of 18 U.S.C. § 1952(a)(3). At sentencing, the district court determined that all of the money found in Kiulin’s possession at the time of his arrest was drug-related, and converted that amount of money into ecstasy doses by valuing ecstasy at $20 per pill. In addition, the district court held that Kiulin had obstructed justice-and added two sentencing levels pursuant to U.S.S.G. § 3C1.1. The district court also concluded that Kiulin was neither a “minor” participant in this crime under U.S.S.G. § 3B1.2, nor a “lead *460 er” under U.S.S.G. § 3B1.1, and refused to adjust Kiulin’s sentence on either basis. Finally, the district court denied Kiulin a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1. Ki-ulin now appeals numerous aspects of the district court’s sentencing determinations.

II.

Kiulin first challenges the district court’s finding that he qualified for a two level increase for obstructing justice under U.S.S.G. § 3C1.1. He argues that his statements to Agent Stogsdill and others, that Cetera did not accompany him to Niagara Falls to receive ecstasy and money and that he did not know if Cetera was aware that illegal drugs were in the car, cannot serve as a basis for an obstruction of justice enhancement because they were statements describing the true course of events, not, as the district court held, part of an agreement by which he would lie to protect Cetera from criminal liability.

In order to apply a sentencing enhancement under U.S.S.G.

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Bluebook (online)
360 F.3d 456, 64 Fed. R. Serv. 940, 2004 U.S. App. LEXIS 4890, 2004 WL 503862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dariusz-piotr-kiulin-ca4-2004.