United States v. Venancio Covarrubias

678 F. App'x 415
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 28, 2017
Docket16-1407
StatusUnpublished
Cited by1 cases

This text of 678 F. App'x 415 (United States v. Venancio Covarrubias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Venancio Covarrubias, 678 F. App'x 415 (7th Cir. 2017).

Opinion

*416 ORDER

Venancio Covarrubias pleaded guilty to conspiracy to possess and distribute cocaine, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced within the calculated guidelines range to 185 months’ imprisonment. On appeal Covarrubias raises a single claim: that the district court committed clear error in denying him a minor-role reduction under U.S.S.G. § 3B1.2. We affirm his sentence.

Durihg a 2013 wiretap, the DEA learned that Covarrubias was receiving cocaine shipped to him in Elgin, Illinois, from “Ta-deo Produce,” a fictitious Mexican company. The agents also learned that Covarru-bias was laundering drug proceeds. Agents arrested Covarrubias in October 2014, a month after authorities in Laredo, Texas, had seized 159 kilograms of cocaine found in a semi-trailer, filled with “Tadeo Produce” tomatoes destined for Covarrubias’s warehouse in Elgin. After his arrest, Co-varrubias told the agents- that a friend in Mexico had arranged a July 2013 meeting with “Victor,” the purported manager of Mexico-based Tadeo Produce. Covarrubias agreed to receive shipments of tomatoes, and Victor instructed him to create a fictitious company—Covarrubias Distributions, Inc.—and rent a warehouse to facilitate deliveries and store tomatoes. Victor accompanied Covarrubias to inspect and rent an Elgin warehouse, where Victor also introduced Covarrubias to “Manuel,” who would supervise the shipments.

That same month, Covai’rubias confessed to the agents, he received two truckloads of tomatoes. Victor was part of the Sinaloa Cartel, however, and the third shipment, in August 2013, included 60 kilograms of cocaine. Covarrubias knew that the shipment contained cocaine, but he continued working for Victor and Manuel. All together he received 7 shipments of 60 kilograms each, but only the first of those shipments was acknowledged in the plea agreement as relevant conduct.

In addition, Covarrubias served as a point of contact for the delivery drivers, and he also helped launder drug money for the next two months. He picked up narcotics proceeds from persons throughout the Chicago area, deposited the cash into bank accounts he controlled, and wired money to Tadeo Produce in Mexico. Covarrubias kept approximately $1,000 per pickup as compensation. In total, he handled more than $200,000 and wired no less than $115,321 to Tadeo Produce before he was caught.

After pleading guilty, Covarrubias asserted that he was entitled to a reduction in offense level as a minor participant, see U.S.S.G. § 3B1.2. Although acknowledging that his role was necessary to the organization, Covarrubias insisted he was just a “tiny' cog in a very big wheel.” In the defendant’s view, the downward adjustment was warranted to reflect that he received only a “pittance” compared to others, and that his involvement was short in duration and directed by superiors. Co-varrubias said he was “basically accepting responsibility for group conduct” since he did not personally handle the large amounts of cocaine.

The district court rejected Covarrubias’s argument. The court reasoned that the cocaine supplier’s greater culpability did not automatically make § 3B1.2 applicable because “that is the case in every drug case.” The court concluded that Covarrubi-as played a “crucial role,” and that “so many facts” pointed “toward the rejection of the minor participant.” The court rejected the view that Covarrubias was “some sort of mere unloader” and recognized instead that he “created this fake business” and “was the front man.” And although Covarrubias claimed not to know about the cocaine, trafficking until the third ship, *417 ment, he then “knew that this was a cocaine trafficking operation” and “he certainly let it continue.” The court further noted that Covarrubias “opened up a bank account to help launder the money and help conceal the drug nature,” and “on top of that he picked up drug money” and “wired it to Mexico.” For all these reasons, the district court concluded that Covarru-bias fell “well short of establishing” that he was a minor participant.

On appeal Covarrubias questions adequacy of the district court’s evaluation of his culpability relative to other participants and also contends that the court failed to appreciate that he didn’t know about or have direct involvement with the cocaine seized in Laredo. Covarrubias has the heavy burden of showing that the district court clearly erred in denying him a minor-participant reduction. United States v. Orlando, 819 F.3d 1016, 1024 (7th Cir. 2016); United States v. Sandoval-Velazco, 736 F.3d 1104, 1107 (7th Cir. 2013). A minor-role reduction is reserved for those who are “less culpable than most other participants in the criminal activity, but whose role could not be described as minimal.” U.S.S.G. § 3B1.2 cmt. n.5. This court “will rarely reverse, because the sentencing court is in the best position to evaluate the defendant’s role in the criminal activity.” United States v. Leiskunas, 656 F.3d 732, 739 (7th Cir. 2011); see also United States v. McKee, 389 F.3d 697, 700 (7th Cir. 2004).

As to the other participants, it may be “more effective to have an explicit discussion regarding the average member of the conspiracy,” but sentencing courts are not required to do so as long as we “can ascertain from the sentencing court’s analysis that a comparison to other members of the conspiracy was at least implicitly made.” Sandoval-Velazco, 736 F.3d at 1108. Before us, Covarrubias seeks to bolster his argument with a laundry list of additional facts that were not argued in the district court. He asserts, for example, that “he neither arranged nor coordinated any of the shipments” because that was Victor’s role, that there is no evidence that he “spoke to the driver responsible for the 159-kilogram shipment,” and that his presence at the warehouse wasn’t even necessary since Manuel had a building key and a remote for the garage door. Covarrubias also asserts that he “needed Manuel’s help to secure a lease for the warehouse” and to open the business bank accounts. But “where each person was an ‘essential component’ in the conspiracy, the fact that other members of the conspiracy were more involved does not entitle a defendant to a reduction in the offense level.” McKee, 389 F.3d at 700 (quoting United States v. Castillo, 148 F.3d 770, 776 (7th Cir. 1998)). And this court has upheld findings that even couriers, like the truck drivers in this case, were not minor participants even though they delivered drugs only once or twice, in part because couriers are important to a distribution scheme. See United States v. Rodriguez-Cardenas, 362 F.3d 958, 959-960 (7th Cir. 2004); see also Sandoval-Velazco, 736 F.3d at 1109 (7th Cir.

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678 F. App'x 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-venancio-covarrubias-ca7-2017.