United States v. Jean Carlo Ferreira

275 F.3d 1020, 2001 U.S. App. LEXIS 26374, 2001 WL 1575626
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 11, 2001
Docket00-14723
StatusPublished
Cited by65 cases

This text of 275 F.3d 1020 (United States v. Jean Carlo Ferreira) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Jean Carlo Ferreira, 275 F.3d 1020, 2001 U.S. App. LEXIS 26374, 2001 WL 1575626 (11th Cir. 2001).

Opinion

MARCUS, Circuit Judge:

In December 1999, Christina Aragao and her two children were abducted and held hostage for several days before being freed by police. For their roles in the kidnapping, appellants Jean Carlo Ferreira, Pedro Rafael Caraballo-Mar-tinez, and Ewin Oscar Martinez were convicted of hostage taking and conspiracy to commit hostage taking in violation of the Hostage Taking Act, 18 U.S.C. § 1203, carjacking and conspiracy to commit carjacking in violation of 18 U.S.C. §§ 371, 2119(2), and [for] using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Each was sentenced to life in prison. In this appeal, they raise three significant challenges to their convictions and sentences — that the Hostage Taking Act is unconstitutional because it discriminates impermissibly on the basis of alien-age and that Congress lacked the power to enact it; that Congress likewise lacked the power to enact the firearms statute; and, finally, that the district court erred in applying a six-level enhancement pursuant to U.S.S.G. § 2A4.1(b)(l) because a ransom note was never delivered. We are unpersuaded by those arguments and, accordingly, affirm. 1

*1023 I.

As they are relevant to the appeal, the following facts were established at trial and during the sentencing proceedings. On December 13, 1999, Christina Aragao and her two children, Alceu Aragao, Jr. (“Junior”), age nine, and Alexander Ara-gao, age one, were attacked by three men in a parking garage near their condominium home in Aventura, Florida. Mrs. Ara-gao was shocked repeatedly with stun guns. The electric shocks caused her to drop her baby to the floor of the garage. She screamed loudly and was struck in her face five or six times by one of the attackers. Junior attempted to flee but was shot in the head and neck with a stun gun and caught by another of the attackers. The Aragaos then were forced into one of the family’s cars, a Lincoln Navigator SUV, to which the attackers had previously obtained keys, and driven to a house approximately fifteen minutes away.

Inside the house, the attackers tied Mrs. Aragao’s hands and legs to a chair and placed her in a closet. They did the same to Junior and placed him in a different closet. The baby was kept in another room. The next day, Mrs. Aragao and Junior were removed from the closet and required to stay in shuttered rooms. Mrs. Aragao was permitted to care for the baby, but because her arm was still numb from the electric shocks, she was unable to lift or change him. When their captors left the house, Mrs. Aragao and Junior once again were tied to chairs and put into closets. At night, Junior was forced to sleep in his underwear in a bed with Martinez.

The Aragaos were held captive in the North Miami house for four and one-half days. During that time, Mrs. Aragao was required to use her cellular phone to make a series of calls to her husband, a successful businessman, requesting that he meet with Martinez. Each time, Martinez dictated what she was to say. When the phone calls did not result in a meeting, Martinez required Mrs. Aragao to type a letter that he dictated requesting a meeting with Mr. Aragao. The letter was mailed to Ipanema Enterprises, the company owned by Mr. Aragao.

By tracing one of the cellular phone calls, the FBI was able to locate the house at which the Aragaos were being held captive, and the family was rescued on the morning of December 18, 1999. Martinez and Caraballo-Martinez were arrested at that time. Among other evidence in the house, the police found a torn letter addressed to Mr. Aragao in a trash can. When reconstructed, the letter stated that if Mr. Aragao did not turn over all of his money, he and his family would be killed. An identical letter was found in a file on Martinez’s laptop computer.

At trial, Mrs. Aragao and Junior identified Martinez and Caraballo-Martinez as two of the three men who abducted them. Ferreira was not identified as the third abductor. Rather, he was the parking lot attendant at the Aragao’s condominium complex and had provided the keys to the Aragao’s Lincoln Navigator. Additionally, Junior testified that Ferreira had asked him about the family’s plans for the evening of the abduction. Telephone records showed that during the time the Aragao’s were held captive, a cellular phone registered to Ferreira made 22 calls to a cellular phone registered to Martinez and found in the North Miami house. 2

*1024 A grand jury indicted Martinez, Cara-ballo-Martinez, and Ferreira for violating the Hostage Taking Act, carjacking, and using a firearm during a crime of violence. Martinez also was charged with knowingly possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). The child pornography count was severed, and the three appellants were tried jointly. The trial ended on June 2, 2000, and the jury found the appellants guilty on the remaining counts.

In the presentence investigation report (PSI), the offenses were grouped into three categories based on the three victims, and a base offense level of 24 was determined for the abduction. The PSI recommended enhancements on the grounds that the children were vulnerable victims, that Mrs. Aragao and Junior suffered serious, permanent, or life-threatening bodily injuries, that a dangerous weapon was used, and that the appellants obstructed justice by lying at trial. See U.S.S.G. §§ 2A4.1(b)(2), 2A4.1(b)(3), 3A1.1(b)(1), 3C1.1. 3 Additionally, the PSI recommended a six-level enhancement for each appellant pursuant to U.S.S.G. § 2A4.1(b)(1) because a ransom demand was made. The district judge adopted each of the recommendations, 4 and sentenced each defendant to life imprisonment for Counts I and II, 60 months for Count III, and 300 months for Count IY, to be served concurrently, and a consecutive term of 60 months for Count V.

II.

We review de novo appellants’ challenges to the Hostage Taking Act and to the firearms statute. See United States v. Gray, 260 F.3d 1267, 1271 (11th Cir. 2001) (citations omitted) (reviewing de novo a challenge to the constitutionality of a criminal statute). A challenge to the application of the sentencing guideline is a mixed question of law and fact. We review the district court’s findings of fact for clear error and its application of the sentencing guidelines to those facts de novo. United States v. Jamieson, 202 F.3d 1293, 1295 (11th Cir.2000). Moreover, “[(Interpretation of the Sentencing Guidelines is similar to statutory interpretation and is subject to de novo review on appeal.” United States v. Goolsby,

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

Related

United States of America v. Juan Israel Vera
2022 DNH 102 (D. New Hampshire, 2022)
United States v. Mostofsky
District of Columbia, 2021
Bin Lep v. Trump
District of Columbia, 2020
United States v. Mauricio Alvarez
Eleventh Circuit, 2020
United States v. Donald John Bankston, III
945 F.3d 1316 (Eleventh Circuit, 2019)
United States v. Cruz-Rivera
904 F.3d 63 (First Circuit, 2018)
United States v. Wuilson Estuardo Lemus Castillo
899 F.3d 1208 (Eleventh Circuit, 2018)
United States v. Marcus Noel
893 F.3d 1294 (Eleventh Circuit, 2018)
United States v. Pedro Rafael Caraballo-Martinez
866 F.3d 1233 (Eleventh Circuit, 2017)
Mammar Ameur v. Robert Gates
759 F.3d 317 (Fourth Circuit, 2014)
Ali Hamza Ahmad al Bahlul v. United States
767 F.3d 1 (D.C. Circuit, 2014)
United States v. Mohammad Shibin
722 F.3d 233 (Fourth Circuit, 2013)
United States v. Ali
885 F. Supp. 2d 17 (District of Columbia, 2012)
United States v. Francisco Morales Angeles
484 F. App'x 27 (Sixth Circuit, 2012)
United States v. Bond
681 F.3d 149 (Third Circuit, 2012)
United States v. McGarity
669 F.3d 1218 (Eleventh Circuit, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
275 F.3d 1020, 2001 U.S. App. LEXIS 26374, 2001 WL 1575626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jean-carlo-ferreira-ca11-2001.