United States v. Tonya Jackson

635 F. App'x 275
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 30, 2015
Docket14-5261, 14-5305, 14-6317
StatusUnpublished

This text of 635 F. App'x 275 (United States v. Tonya Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Tonya Jackson, 635 F. App'x 275 (6th Cir. 2015).

Opinion

OPINION

JANE B. STRANCH, Circuit Judge.

In these consolidated appeals, we review the sentences imposed upon three individuals who were convicted of marijuana conspiracy in Eastern Kentucky. We AFFIRM the defendants’ sentences and, as requested by the government, we remand the case of Tonya Jackson to the district court to allow her to file a motion for a reduction of sentence pursuant to recent Sentencing Guidelines Amendment 782.

L BACKGROUND

Roberto Rodriguez, also known as Gerardo Perez, a Mexican citizen living illegally in the United States, conducted the marijuana conspiracy from Amigos Auto 2, a legitimate automotive repair business in Nicholasville, Kentucky. From this location, Rodriguez ran a trucking company that shipped thousands of kilograms of marijuana from the Mexican border to destinations in the eastern United States. Members of a Mexican drug cartel transported the marijuana to the Texas border, where Rodriguez arranged for semi-truck drivers to pick up trailers that were loaded with marijuana and produce. The drivers transported the trailers from southern Texas to Cincinnati, Columbus, Indianapolis, and Louisville.

Rodriguez hired Jose De La Rosa, a Mexican citizen living illegally in Lexington, Kentucky, to recruit drivers for the drug trafficking organization. Rodriguez paid De La Rosa $500 for each driver recruited and $1,500 for each load of marijuana successfully delivered, for a total of approximately $13,000. De La Rosa recruited drivers William Hamlin, Jeffrey Spack, and Jeff Naylor and he also recruited Robert Werner to help him recruit other drivers. De La Rosa knew that Rodriguez paid each driver $30,000 for successfully delivering a load of marijuana.

Rodriguez employed Tonya Jackson as a clerical worker at the office of Amigos Auto 2. Jackson is a Kentucky citizen who is fluent in English and Spanish. She knew that Rodriguez’s trucking company shipped loads of marijuana from Texas to *277 other points in the United States. She participated in the conspiracy by registering the vehicles, some of them in West Virginia; by preparing bills of lading and other documentation to avoid law enforcement detection; by ensuring that each driver carried proper identification and a commercial driver’s license; and by translating Spanish into English for non-Spanish speaking persons. Rodriguez paid Jackson the wage of an office worker, but she was aware that the drivers received $30,000 for each delivered load of marijuana.

Pursuant to written plea agreements with the government, Rodriguez, De La Rosa, and Jackson each pled guilty to conspiracy to distribute 1,000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) & 846. Based on the drug quantity charged, they faced a mandatory minimum term of ten years to life in prison. The district court sentenced Rodriguez to a term of 158 months of imprisonment. Because De La Rosa and Jackson qualified for the safety valve, USSG § 5C1.2, the statutory minimum sentence did not apply to them. De La Rosa received a sentence of 78 months and Jackson received a sentence of 48 months. The defendants timely filed notices of appeal. We have appellate jurisdiction under 18 U.S.C. § 3742(a).

II. ANALYSIS

Three issues are presented for review.-De La Rosa and Jackson argue that the district court should have granted each of them a two-level reduction from the base offense level of 32 because they qualify as minor participants in the offense. Jackson contends that the court should have further reduced her base offense level under Sentencing Guidelines Amendment 782. Rodriguez challenges the extent of the court’s downward departure under USSG § 5K1.1. We turn first to whether De La Rosa and Jackson were minor participants in the conspiracy.

A. Minor participant reduction

USSG § 3B1.2(b) provides that the district court may reduce a defendant’s base offense level by two levels “[i]f the defendant was a minor participant in any criminal activity.” A minor participant is one who is less culpable than most other participants, but whose role cannot be described as minimal. USSG § 3B1.2, cmt. n. 5. The defendant must be substantially less culpable than the average participant in the offense to benefit from the reduction. United States v. Lanham, 617 F.3d 873, 888 (6th Cir.2010) (citation and internal quotation marks omitted). A court may consider whether the defendant’s “role was indispensable or critical to the success of the scheme, or if his importance in the overall scheme was such as to justify his sentence.” United States v. Skinner, 690 F.3d 772, 783-84 (6th Cir.2012) (quoting United States v. Salgado, 250 F.3d 438, 458 (6th Cir.2001)). “The salient issue is the role the defendant played in relation to the activity for which the court held him or her accountable.” United States v. Roper, 135 F.3d 430, 434 (6th Cir.1998).

As the proponents of the mitigating role reduction, De La Rosa and Jackson bear the burden of proving its applicability by a preponderance of the evidence. See United States v. Roberts, 223 F.3d 377, 379 (6th Cir.2000). Whether we apply a de novo, clear error, or mixed standard of review to the question of whether the mitigating role reduction applies, we conclude that they did not meet their burden. See id. at 380; United States v. Soto-Sanchez, 623 F.3d 317, 319 (6th Cir.2010). Because the district court did not abuse its discretion in denying each defendant a minor participant reduction, the sentences are proce *278 durally reasonable. See United States v. Solano-Rosales, 781 F.3d 345, 351 (6th Cir.2015).

De La Rosa argues that the court ' erred in concluding that his involvement in the conspiracy was extensive based on the payments he received from Rodriguez for recruiting drivers who successfully delivered seven or eight loads of marijuana. He characterizes his involvement as “limited” because, although he recruited drivers, Rodriguez actually hired the drivers and paid them to transport marijuana from Texas. De La Rosa points out that he did not load or unload the trucks, arrange pick-ups or deliveries, or buy and sell marijuana, and the total amount he received for his services, $13,000, was extremely small compared to the value of the marijuana transported and the financial benefits received by other members of the conspiracy.

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Related

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617 F.3d 873 (Sixth Circuit, 2010)
United States v. Soto-Sanchez
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135 F.3d 430 (Sixth Circuit, 1998)
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Bluebook (online)
635 F. App'x 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tonya-jackson-ca6-2015.