United States v. Cortez-Vergara
873 F.3d 390
| 1st Cir. | 2017Background
- Cortez, an Ecuadorian fisherman, joined a three-person crew that transported ~433 kg of cocaine by boat; he helped steer the vessel.
- The crew rendezvoused at sea, loaded cocaine and fuel, and sailed several hundred miles before U.S. Coast Guard interception; drugs were jettisoned but ~433 kg recovered.
- The vessel was deemed without nationality and subject to U.S. jurisdiction; Cortez was indicted and pleaded guilty to conspiracy and possession with intent to distribute aboard a vessel.
- At sentencing the PSR denied a two-level minor-role reduction under U.S.S.G. §3B1.2(b); Cortez argued he was a minor participant and sought the adjustment.
- The district court denied the reduction, sentenced Cortez to 108 months (bottom of Guidelines), and Cortez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cortez was entitled to a two-level minor-role reduction under U.S.S.G. §3B1.2(b) | Cortez: he was a minor participant — merely assisted in transporting drugs and was a small part of a larger conspiracy | Government: Cortez was one of three unsupervised crew who by themselves transported a large quantity of drugs over a long, hazardous voyage and thus not less culpable | Affirmed: district court did not clearly err; no minor-role adjustment awarded |
Key Cases Cited
- United States v. Rossignol, 780 F.3d 475 (1st Cir. 2016) (sources for factual findings after a guilty plea)
- United States v. Coleman, 854 F.3d 81 (1st Cir. 2017) (abuse-of-discretion standard for procedural sentencing challenges)
- United States v. Perez, 819 F.3d 541 (1st Cir. 2016) (refusing minor-role reduction where two persons transported large drug quantity at sea)
- United States v. Bravo, 489 F.3d 1 (1st Cir. 2007) (appellate deference to district court on role determinations)
- United States v. Tom, 330 F.3d 83 (1st Cir. 2003) (district court inferences rarely clearly erroneous)
- United States v. Mateo-Espejo, 426 F.3d 508 (1st Cir. 2005) (elements required to obtain a minor-role adjustment)
- United States v. Meléndez-Rivera, 782 F.3d 26 (1st Cir. 2015) (denying minor-role where defendant characterized himself an expendable cog)
- United States v. Vargas, 560 F.3d 45 (1st Cir. 2009) (denial of minor-role where defendant hauled a single shipment of drugs)