United States v. Espinal-Mieses

313 F. Supp. 3d 376
CourtUnited States District Court
DecidedMay 30, 2018
DocketCriminal No. 17–396 (FAB)
StatusPublished
Cited by1 cases

This text of 313 F. Supp. 3d 376 (United States v. Espinal-Mieses) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Espinal-Mieses, 313 F. Supp. 3d 376 (usdistct 2018).

Opinion

FRANCISCO A. BESOSA, UNITED STATES DISTRICT JUDGE

Before the Court are defendants Rafael Espinal-Mieses ("Espinal")'s and Francisco Batista-Reyes ("Batista")'s respective motions for application of the safety valve provision set forth in 18 U.S.C. § 3553(f) (" section 3553(f)," or "statutory safety value") and U.S.S.G. § 5Cl.2. (Docket Nos. 138 and 142.) Batista also moves for a two-level reduction in the computation of his sentencing guidelines pursuant to U.S.S.G. § 2D1.1(b)(17) (" section 2D1.1(b)(17)"). (Docket No. 142.) For the reasons set forth below, the Court DENIES Espinal and Batista's motions for application of the statutory safety valve, and reserves judgment regarding Batista's request for a two-level reduction pursuant to section 2D1.1(b)(17).

I. Background

On June 28, 2017, a federal grand jury sitting in the District of Puerto charged Espinal, Batista, and Alberto De Los Santos *379("De Los Santos") with drug trafficking offenses in a four-count indictment. (Docket No. 14.) Counts one and three charge the defendants with violations of the Maritime Drug Law Enforcement Act ("MDLEA"), 46 U.S.C. § 70501 et seq. ("Title 46"). (Docket No. 14.) Count one alleges that the defendants conspired to possess with intent to distribute in excess of five kilograms of cocaine on board a vessel subject to the jurisdiction of the United States in violation of 46 U.S.C. § 70502(c)(1). Id. Count three charges the defendants with conspiracy to destroy property subject to forfeiture pursuant to the Comprehensive Drug Abuse Prevention and Control Act in violation of 46 U.S.C. § 70503(a)(2).1 Id.

Of the three defendants, only De Los Santos entered into a plea agreement with the United States. (Docket Nos. 37 and 38.) On September 14, 2017, De Los Santos pled guilty to count two of the indictment. (Docket No. 37.) At sentencing, the Court imposed a 120-month prison sentence, the minimum statutory term of imprisonment. (Docket Nos. 80 and 81.)

Espinal and Batista elected to proceed to trial, which the Court set for April 2, 2018. (Docket No. 113.) On the day of trial, however, Espinal and Batista each entered a straight plea to all four counts of the indictment. (Docket No. 132.) Espinal and Batista move for application of the safety valve provisions provided in sections 3553(f) and 5C1.2. (Docket Nos. 138 and 142.) Batista also requests a two-level reduction in the computation of his sentencing guidelines pursuant to section 2D1.1(b)(17). (Docket No. 142 at p. 1.) The United States contends that the safety valve is unavailable to Espinal and Batista. (Docket No. 138.) The Court agrees.

II. The Maritime Drug Law Enforcement Act

The MDLEA enables law enforcement to foil the illicit operations of "international drug traffickers, who constantly refine their methods for transporting illegal narcotics from country to country." United States v. Carvajal, 924 F.Supp.2d 219, 224 (D.D.C. 2013). Congress enacted the MDLEA "to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances." §§ 1-4, Pub. L. 96-350, 94 Stat. 1159. The MDLEA recognizes explicitly that "controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the security and societal well-being of the United States." 46 U.S.C. § 70501.

Among other things, the MDLEA prohibits individuals onboard vessels subject to the jurisdiction of the United States from possessing with intent to distribute any controlled substance, or to destroy property subject to forfeiture pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970. 46 U.S.C. § 70503(a). First time offenders of the MDLEA are punished as provided in 21 U.S.C. § 960.2 46 U.S.C. § 70506(a). Accordingly, because Espinal and Batista conspired to possess with intent to distribute *380in excess of five kilograms of cocaine, they are subject to a mandatory minimum term of imprisonment of ten years pursuant to 46 U.S.C. § 70506 (a) and 21 U.S.C. § 960. The parties dispute whether the Court may impose a sentence below the mandatory minimum pursuant to the safety valve.

III. The Statutory Safety Valve- Section 3553(f)

Congress enacted section 3553(f) pursuant to the Mandatory Minimum Sentencing Reform Act of 1994. 18 U.S.C. § 3553(f). In enacting section 3553(f), Congress intended to

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Bluebook (online)
313 F. Supp. 3d 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-espinal-mieses-usdistct-2018.