United States v. Tiberino Mena-Hidalgo

220 F. App'x 947
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 22, 2007
Docket06-13890
StatusUnpublished

This text of 220 F. App'x 947 (United States v. Tiberino Mena-Hidalgo) 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. Tiberino Mena-Hidalgo, 220 F. App'x 947 (11th Cir. 2007).

Opinion

PER CURIAM:

Tiberino Mena-Hidalgo appeals his sentence of 204 months’ imprisonment, imposed after he pled guilty to possession with intent to distribute and conspiracy to possess with intent to distribute five kilograms or more of cocaine while on board a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C.App. § 1903(a), (g) and (j), 21 U.S.C. § 960(b)(l)(B)(ii), and 18 U.S.C. § 2. On appeal, Mena-Hidalgo argues that the court should have applied a minor-role reduction, asserting that he was merely “labeled as the captain” of the go-fast boat and that he and his codefendants all performed the same tasks. Specifically, he contends that the district court failed to consider that he had no role in planning the operation and that he had no interest in the drugs or in the amount of money paid to the couriers. Mena-Hidalgo also argues that his sentence of 204 months’ imprisonment is unreasonable considering his criminal history, educational background, acceptance of responsibility, and cooperation with authorities. He further asserts that his sentence is unreasonable because it is substantially disparate from *949 the sentences imposed upon his codefendants.

I. Minor-Role Reduction

Pursuant to the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 264, 125 S.Ct. 738, 767, 160 L.Ed.2d 621 (2005), the Sentencing Guidelines are no longer mandatory. Although the Guidelines are merely advisory, a district court must calculate the advisory sentencing range correctly, and must consider it when determining a defendant’s sentence. United States v. Crawford, 407 F.3d 1174, 1178-79 (11th Cir.2005). Booker does not alter our previously established standards of review of the district court’s interpretation of the Guidelines. See id. “This Court has long and repeatedly held that a district court’s determination of a defendant’s role in the offense is a finding of fact to be reviewed only for clear error.” United States v. De Varon, 175 F.3d 930, 937 (11th Cir.1999) (en banc). The Sentencing Guidelines permit a court to decrease a defendant’s offense level by two levels if it finds that the defendant was a “minor participant” in the criminal activity. U.S.S.G § 3B1.2(b).

Section 3B1.2 permits an adjustment to the Guideline range for a defendant who is substantially less culpable than the average participant. U.S.S.G. § 3B1.2, comment. (n.3). A defendant is a minor participant if he is less culpable than most other participants, but his role cannot be described as minimal. U.S.S.G. § 3B1.2, comment, (n.5). In determining whether a mitigating-role reduction is warranted, a district court “should be informed by two principles discerned from the Guidelines: first, the defendant’s role in the relevant conduct for which [he] has been held accountable at sentencing, and, second, [his] role as compared to that of other participants in [his] relevant conduct.” De Varon, 175 F.3d at 940. However, “a district court is not required to make any specific findings other than the ultimate determination of the defendant’s role in the offense.” Id. “The defendant bears the burden of proving his minor role by a preponderance of the evidence.” United States v. Boyd, 291 F.3d 1274, 1277 (11th Cir.2002).

In looking at relevant conduct, “the district court must assess whether the defendant is a minor or minimal participant in relation to the relevant conduct attributed to the defendant in calculating [his] base offense level.” De Varon, 175 F.3d at 941. “Only if the defendant can establish that [he] played a relatively minor role in the conduct for which [he] has already been held accountable — not a minor role in any larger criminal conspiracy — should the district court grant a downward adjustment for minor role in the offense.” Id. at 944.

The district court can also assess a defendant’s relative culpability vis-a-vis “other participants in the relevant conduct.” The district court may only consider participants who are “identifiable or discernable from the evidence,” and “who were involved in the relevant conduct attributed to the defendant.” Furthermore, “[t]he fact that a defendant’s role may be less than that of other participants engaged in the relevant conduct may not be dispositive of [the] role in the offense, since it is possible that none are minor ... participants.” Id.

The record indicates that Mena-Hidalgo acted as the captain of the go-fast boat and was accountable for directing the transportation of 1,200 kilograms of cocaine from Colombia to the Florida Keys. Mena-Hidalgo did not point to any evidence in the record that establishes that his responsibilities aboard the boat were less vital to the enterprise than those of the other crew members. See United *950 States v. De La Cruz, 443 F.3d 830, 832 (11th Cir.2006). Accordingly, the district court did not clearly err in determining that Mena-Hidalgo’s relevant conduct did not warrant a minor-role reduction, and we affirm as to this issue.

II. Reasonableness

We review a defendant’s ultimate sentence, in its entirety, for unreasonableness in light of the factors in 18 U.S.C. § 3553(a). United, States v. Winingear, 422 F.3d 1241, 1245 (11th Cir.2005). The factor in § 3553(a) that discusses disparity in sentencing provides, “The court, in determining the particular sentence to be imposed, shall consider ... the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.” 18 U.S.C. § 3553(a)(6). Additional factors in § 3553(a) include: “(1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment; (4) the need to protect the public; and (5) the Guidelines range.” United States v. Scott, 426 F.3d 1324, 1328-29 (11th Cir.2005) (citing 18 U.S.C. § 3553(a)). “[Njothing in Booker

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Related

United States v. Michael Donyell Boyd
291 F.3d 1274 (Eleventh Circuit, 2002)
United States v. Charles Crawford, Jr.
407 F.3d 1174 (Eleventh Circuit, 2005)
United States v. Scott A. Winingear
422 F.3d 1241 (Eleventh Circuit, 2005)
United States v. David William Scott
426 F.3d 1324 (Eleventh Circuit, 2005)
United States v. Ferney Quinonez De La Cruz
443 F.3d 830 (Eleventh Circuit, 2006)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Isabel Rodriguez De Varon
175 F.3d 930 (Eleventh Circuit, 1999)
United States v. Susan Regueiro
240 F.3d 1321 (Eleventh Circuit, 2001)

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Bluebook (online)
220 F. App'x 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tiberino-mena-hidalgo-ca11-2007.