United States v. Carrero-Hernandez
643 F.3d 344
| 1st Cir. | 2011Background
- Carrero-Hernández pled guilty in 2009 to two felony drug charges tied to importing cocaine into Puerto Rico.
- PSR proposed two sentencing enhancements: a two-level 3C1.2 reckless endangerment adjustment and a four-level 3B1.1(a) leader/organizer adjustment.
- Facts show a drug-import plot beginning in early 2008, with Carrero negotiating with Avilés (an undercover officer) and Lassalle for a large cocaine shipment.
- The handoff occurred at an offshore transfer point; Dominican crew shipped nine bales of cocaine to Avilés, who was tailed by U.S. authorities and replaced cocaine with a fake substitute.
- Pursuit and arrest attempts followed a January 28 flight where Carrero drove at high speed through a residential area, creating risk to bystanders; he ultimately fled on foot and was captured in April 2008.
- At sentencing, the district court overruled Carrero's objections to both enhancements and sentenced him to 360 months’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3C1.2 applies for flight endangering others | Carrero argues flight did not create substantial risk. | Carrero contends endangerment was minimal; standard not met. | Yes; the court properly applied § 3C1.2 given high risk to pedestrians and motorists. |
| Whether § 3B1.1(a) leader/organizer enhancement was proper | Carrero contends he merely coordinated, not led any participants. | Carrero asserts Lassalle was the actual leader; Carrero supervised at most, not lead. | Yes; the district court did not commit clear error; Carrero supervised Lassalle and acted as organizer/leader for § 3B1.1(a). |
Key Cases Cited
- United States v. Bell, 953 F.2d 6 (1st Cir. 1992) (flight plus endangerment supports § 3C1.2)
- United States v. Cruz, 213 F.3d 1 (1st Cir. 2000) (high-speed chase supports § 3C1.2)
- United States v. Alicea, 205 F.3d 480 (1st Cir. 2000) (conduct involving endangerment supports § 3C1.2)
- United States v. Luna, 21 F.3d 874 (9th Cir. 1994) (upheld § 3C1.2 for coordinated but brief pursuit)
- United States v. Chandler, 12 F.3d 1427 (7th Cir. 1994) (car chase in residential area may support § 3C1.2)
- United States v. Tejada-Beltrán, 50 F.3d 105 (1st Cir. 1995) (distinction between organizing activities vs. organizing actors)
- United States v. Ramos-Paulino, 488 F.3d 459 (1st Cir. 2007) (upward role adjustment requires status showing organizer/leader)
- United States v. González-Meléndez, 594 F.3d 28 (1st Cir. 2010) (adequacy of clear-error review for role in offense)
- United States v. St. Cyr, 977 F.2d 698 (1st Cir. 1992) (two plausible views; court's choice not clearly erroneous)