United States v. Ramiro Salazar-Aleman

741 F.3d 878, 2013 WL 6726855, 2013 U.S. App. LEXIS 25496
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 23, 2013
Docket19-1263
StatusPublished
Cited by65 cases

This text of 741 F.3d 878 (United States v. Ramiro Salazar-Aleman) 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 v. Ramiro Salazar-Aleman, 741 F.3d 878, 2013 WL 6726855, 2013 U.S. App. LEXIS 25496 (8th Cir. 2013).

Opinion

KELLY, Circuit Judge.

Ramiro Salazar-Aleman pled guilty to aiding and abetting the possession of more than 500 grams of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(viii), and 18 U.S.C. § 2. Salazar-Aleman objected to the pre-sentence investigation report, seeking a reduction in his offense level for a mitigating role pursuant to United States Sentencing Guidelines Manual § 3B1.2 (2011). The district court 1 denied this objection and imposed a sentence of 108 months, the lowest end of the calculated guidelines range. Salazar-Aleman filed a motion to vacate his sentence under 28 U.S.C. § 2255, asserting his trial counsel was ineffective for failure to file a notice of appeal as requested. The district court granted the motion and re-sentenced Salazar-Aleman. Now on ap *880 peal, Salazar-Aleman contends his sentence is both procedurally unsound and substantively unreasonable. He argues the district court erred in refusing to apply a mitigating role reduction and failed to give proper weight to the 18 U.S.C. § 3553(a) sentencing factors. We affirm.

I. Background

In December 2010, Drug Enforcement Administration (DEA) agents were conducting surveillance on a suspected “stash house” for methamphetamine when agents observed a vehicle leave the garage and return several times. On the last trip, the Sheriffs Office executed a traffic stop. Salazar-Aleman was driving the vehicle accompanied by a passenger. During the course of a consensual search of the vehicle, the officers discovered 831.7 grams of methamphetamine hidden in the trunk. Salazar-Aleman states that he was unpaid for his services, but knew drugs were being loaded into the vehicle. He was indicted for conspiracy to distribute methamphetamine as well as aiding and abetting the possession with intent to distribute methamphetamine. Salazar-Aleman pled guilty to the aiding and abetting charge, and the conspiracy count was dismissed after sentencing.

II. Discussion

In reviewing the district court’s sentence, “[w]e ‘must first ensure that the district court committed no significant procedural error.’ ” United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc) (quoting Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)). We then consider whether the sentence is substantively reasonable. Id.

A. Mitigating Role Reduction

Salazar-Aleman first argues the district court committed procedural error by denying him a mitigating role reduction pursuant to § 3B1.2 of the sentencing guidelines. Section 3B1.2 provides for a two- to four-level reduction in a defendant’s offense level when the defendant “plays a part in committing the offense that makes him substantially less culpable.” U.S.S.G. § 3B1.2, cmt. n. 3(A). The district court’s grant or denial of a mitigating role reduction is a factual finding reviewed for clear error. United States v. Ellis, 890 F.2d 1040, 1041 (8th Cir.1989); see also United States v. Young, 689 F.3d 941, 946 (8th Cir.2012), cert. denied, - U.S. -, 133 S.Ct. 902, 184 L.Ed.2d 699 (2013), and cert. denied, - U.S.-, 133 S.Ct. 1475, 185 L.Ed.2d 377 (2013). The defendant bears the burden of proving that he is entitled to this reduction. United States v. Chatman, 119 F.3d 1335, 1341 (8th Cir.1997); see also Young, 689 F.3d at 946.

As the sentencing guidelines make clear, a defendant’s entitlement to a mitigating role reduction requires a comparative analysis: “each participant’s actions should be compared against the other participants, and each participant’s culpability should be evaluated in relation to the elements of the offense.” United States v. Deans, 590 F.3d 907, 909 (8th Cir.2010) (quotation omitted). Salazar-Aleman never compares his culpability to that of his co-defendants, such as the vehicle’s passenger or others involved with the stash house. And the record is similarly lacking in these details. See United States v. Bueno, 443 F.3d 1017, 1022 (8th Cir.2006) (reversing a district court’s grant of a reduction when defendant “offered no evidence of the relative culpabilities of other participants in the offense and therefore did not carry his burden of proving that he was eligible for the reduction”).

Instead of this comparison, Salazar-Aleman emphasizes his involvement *881 was limited to being a courier in a single transaction. Even if we accept these assertions as true, the Eighth Circuit has never found someone’s role as a courier in and of itself sufficient to warrant a mitigating role reduction. See, e.g., United States v. Pruneda, 518 F.3d 597, 606 (8th Cir.2008) (rejecting an argument for a reduction based on the defendant’s role as a courier because “transportation of the drugs is ‘a necessary part of illegal drug distribution’”) (quoting United States v. Martinez, 168 F.3d 1043, 1048 (8th Cir.1999)). Similarly, a defendant’s involvement in a single transaction does not compel a finding of clear error. See United States v. Alverez, 235 F.3d 1086, 1090-91 (8th Cir.2000) (upholding the denial of a mitigating role reduction for the driver in a single transaction). Based on the record before us, Salazar-Aleman has failed to meet his burden, and the district court’s denial of a mitigating role reduction was not clear error.

B. 18 U.S.C. § 3553(a) Sentencing Factors

Salazar-Aleman next argues the district court committed procedural error in failing to properly consider all the sentencing factors in 18 U.S.C. § 3553(a). We review sentences “whether inside or outside the Guidelines range” under “a deferential abuse-of-discretion standard.”

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Bluebook (online)
741 F.3d 878, 2013 WL 6726855, 2013 U.S. App. LEXIS 25496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ramiro-salazar-aleman-ca8-2013.