United States v. Lucena-Rivera

750 F.3d 43, 2014 WL 1624107, 2014 U.S. App. LEXIS 7732
CourtCourt of Appeals for the First Circuit
DecidedApril 24, 2014
Docket12-2200
StatusPublished
Cited by12 cases

This text of 750 F.3d 43 (United States v. Lucena-Rivera) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Lucena-Rivera, 750 F.3d 43, 2014 WL 1624107, 2014 U.S. App. LEXIS 7732 (1st Cir. 2014).

Opinion

LIPEZ, Circuit Judge.

Appellant Raymar Lucena-Rivera is currently serving a term of imprisonment of 220 months after pleading guilty to one count of conspiring to commit money laundering as set forth in a multi-count indictment that also included drug-trafficking charges. In this sentencing appeal, Lucena-Rivera argues that the district court erred in (1) calculating the amount of laundered funds relevant to his base offense level, (2) applying an enhancement for having a leadership role, (3) applying an enhancement for being “in the business of laundering funds,” and (4) failing to adequately consider the factors set forth in 18 U.S.C. § 3553(a). Essentially, LucenaRivera contends that the district court unduly relied on evidence concerning the underlying drug crimes rather than the money-laundering itself when determining his sentence.

Although we disagree with that assessment, we nonetheless conclude that more specific factual findings are necessary to allow us to adequately review the application of the enhancement for being “in the business of laundering funds.” We find Lucena-Rivera’s other claims of error meritless. Hence, we will remand the matter to the district court with directions to revisit only the application of the enhancement for being “in the business of laundering funds” while upholding the district court’s other sentencing determinations.

*46 I.

Because there was no trial, the underlying facts of the case are taken from the plea agreement and pre-sentence investigation report (“PSI”). 1

Lucena-Rivera had been engaged in money-laundering and drug-trafficking activities for two years before the money-laundering activities at issue in this case began in 2010. On multiple occasions pri- or to 2010, he moved between 1,000 and 1,500 kilograms of cocaine into Puerto Rico, keeping some 200 to 300 kilograms for himself.

The transactions and activities relevant to Lucena-Rivera’s money-laundering conviction included the following interactions with a DEA confidential source, who contacted Lucena-Rivera in 2010 and introduced himself as someone in the drug-trafficking business:

(1) $1,375,039 in cash delivered in plastic containers to the confidential source on May 28, 2010, to be divided between a check for $125,000 made out to Lucmar Solutions Corp., $1,088,000 in cash delivered to Colombia as payment for drugs, and the source’s commission;
(2) a September 2010 meeting in Panama between Lucena-Rivera, Edgardo Torres-Vázquez, 2 two of LucenaRivera’s associates, and the confidential source wherein the details of a money-laundering transaction — including the denominations of the bills, the fee, and the timing — were discussed;
(3) $2,390,960 in cash delivered to the confidential source on September 29, 2010, in exchange for various checks for real estate expenditures, including one made out to Joyuda Beach Resort for $1,175,000;
(4) $465,200 in cash delivered to the confidential source on September 30, 2010;
(5) $827,526 in cash delivered by the confidential source to Lucena-Rivera’s associates in Panama;
(6) $896,304 delivered to the confidential source on November 23, 2010, $800,000 of which was to be delivered in cash to Panama as payment for drugs;
(7) $1,655,000 to be delivered by Edgardo Torres-Vázquez to the confidential source in March 2011; and
(8) $592,956 left for the confidential source to pick up and transport to New York as payment for drugs in August 2011.

The total of the above-described transactions was over $7 million. Lucena-Rivera argued that $1,816,000 of the total amount laundered, used to purchase properties, was not tied to drug trafficking; therefore, it was not relevant to the charge of promotional money laundering. Though expressing doubt as to the factual and legal merit of this objection, the district court nonetheless excluded that amount from its calculation. Accordingly, the district court determined that the total amount laundered for sentencing purposes was between $2.5 million and $7 million, trigger *47 ing an eighteen-level increase to the base offense under U.S.S.G. § 2Sl.l(a)(2).

The government also pressed for three sentencing enhancements — a six-level enhancement for knowledge that any of the laundered money was proceeds of, or intended to promote the distribution of, a controlled substance; a four-level enhancement for being “in the business of laundering funds”; and a four-level enhancement for having a leadership role in the offense. Lucena-Rivera did not object to the six-level enhancement based on his knowledge that the funds were involved in drug-trafficking, but did object to the other two.

The district court rejected appellant’s objections to the two four-level enhancements. It found that the operation involved more than five participants and was under the leadership of Lucena-Rivera, thus warranting the application of a four-level enhancement under § 3Bl.l(a). The court also found that the four-level enhancement under § 2Sl.l(b)(2)(C) for being “in the business of laundering funds” applied to Lucena-Rivera because of the intertwined nature of his money laundering and drug trafficking activities. These enhancements produced a total offense level of 37, which yielded a guideline range of 210-240 months (with the upper limit be-' ing the statutory maximum).

The district court explained the sentence of 220 months as follows:

[W]hat I will do is I will sentence him to 220 months, not to reach the statutory maximum. It means nothing. But that’s what it is. It’s like some sort of courtesy adjustment, if you will....
Don’t doubt for a minute that I do think this is — -this was a very closely intertwined drug business and money laundering case. Extremely closely intertwined. Very difficult. Very difficult. Principles of relevant conduct, when you look at the whole thing, justify easily the level 18 on the amount. Easily.

The court provided no further explanation of the sentence imposed, nor did LucenaRivera request any.

On appeal, Lucena-Rivera challenges the total offense level calculation and the proffered reasons for the sentence. Specifically, he contests the calculation of the quantity of laundered funds; the applicability of the four-level enhancement for having a leadership role; and the applicability of the four-level enhancement for being “in the business of laundering funds.” As to the basis for the sentence, Lucena-Rivera further argues that the district court did not adequately address the factors under § 3553(a) and did not adequately explain the reasons for the sentence imposed.

His appeal blends legal and factual arguments. To the extent that his challenge is based on questions of law, we review de novo. See United States v. Walker, 665 F.3d 212, 232 (1st Cir.2011).

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Cite This Page — Counsel Stack

Bluebook (online)
750 F.3d 43, 2014 WL 1624107, 2014 U.S. App. LEXIS 7732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lucena-rivera-ca1-2014.