United States v. Cleto Tarin
705 F. App'x 335
| 5th Cir. | 2017Background
- Defendants Cleto Tarin and Hector Saldivar were convicted by a jury of conspiracy to possess with intent to distribute 50+ grams of methamphetamine under 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846.
- Tarin sentenced to 420 months imprisonment + 4 years supervised release; Saldivar to 400 months + 5 years supervised release.
- Neither defendant moved for a judgment of acquittal at trial, so review of sufficiency of the evidence is for manifest miscarriage of justice only.
- Record included testimony (notably Miguel Martinez) and other evidence the panel found sufficient to prove agreement, knowing participation, and the requisite drug quantity.
- Saldivar also challenged three Guidelines enhancements (dangerous weapon, maintaining premises for drug activity, leadership role); the court rejected each challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy conviction | Prosecution: testimony and record evidence establish agreement, knowledge, participation, and quantity | Tarin/Saldivar: evidence insufficient; conviction shocking | Affirmed — no manifest miscarriage; record not devoid or tenuous; testimony (Martinez) sufficient |
| Dangerous-weapon enhancement (U.S.S.G. §2D1.1(b)(1)) | Prosecution: record supports weapon enhancement | Saldivar: contested existence/applicability (but withdrew objection at sentencing) | Waived by Saldivar; unreviewable on appeal |
| Premises-enhancement for maintaining place for drug activity (U.S.S.G. §2D1.1(b)(12)) | Prosecution: drug dealing was a main purpose of premises | Saldivar: premises not primarily used for drug activity | Affirmed — record (including Saldivar’s concession of use for storage/distribution) supports enhancement |
| Leadership-role enhancement (U.S.S.G. §3B1.1(c)) | Prosecution: Saldivar instructed a co-conspirator to hide meth packages, supporting leadership role | Saldivar: contested role; presented no contrary evidence | Affirmed — PSR and officer testimony uncontroverted; enhancement proper |
Key Cases Cited
- United States v. DeLeon, 247 F.3d 593 (5th Cir.) (elements of drug-conspiracy offense)
- United States v. Burton, 324 F.3d 768 (5th Cir.) (standard for manifest miscarriage of justice review)
- United States v. Green, 293 F.3d 886 (5th Cir.) (sufficiency-review principles)
- United States v. Akins, 746 F.3d 590 (5th Cir.) (testimony permitting inference of agreement in narcotics conspiracies)
- United States v. Rodriguez, 602 F.3d 346 (5th Cir.) (appellate review barred for waived sentencing objections)
- United States v. Ekanem, 555 F.3d 172 (5th Cir.) (standard for finding sentencing determinations implausible)
- United States v. Benitez, 809 F.3d 243 (5th Cir.) (leadership-role enhancement standards)
- United States v. Haines, 803 F.3d 713 (5th Cir.) (premises-enhancement requires drug dealing be one of main purposes)