United States v. David Cartagena, 2017 U.S. App. LEXIS 8693

Background

Cartagena pled guilty to conspiracy to possess with intent to distribute ≥1 kg heroin; district court sentenced him to 156 months' imprisonment.
In January 2015 Cartagena and companion Frankie Rivera carried cash to Los Angeles, exchanged it for heroin, and transported the drugs back toward Pennsylvania.
Kansas City officers interdicted the Greyhound bus; a canine alerted on Cartagena’s luggage; search revealed 3,989 grams of heroin in his luggage (Frankie had ~2,991 grams).
Cartagena sought a four-level minimal-role reduction under U.S.S.G. § 3B1.2(a); the presentence report recommended against it and the district court denied the reduction after hearing.
On appeal Cartagena argued procedural error (district court failed to consider § 3B1.2 commentary factors), that he merited the minimal-role adjustment, and that his 156-month sentence was substantively unreasonable.
The Eighth Circuit affirmed, concluding any procedural error was not prejudicial, that Cartagena was not entitled to the minimal-role reduction, and that the within-Guidelines sentence was reasonable.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court procedurally erred by failing to consider § 3B1.2 commentary factors	Cartagena: court did not expressly address the listed advisory factors or make findings	Government: even if not expressly recited, record shows court considered relevant materials; review only for plain error since no objection	No reversible plain error; assuming procedural error, Cartagena failed to show a reasonable probability of a more favorable sentence
Whether Cartagena was entitled to a four-level minimal-role adjustment under § 3B1.2(a)	Cartagena: was a one-time courier, no proprietary interest, less culpable than others	Government: courier role was significant, Cartagena carried large quantity and was deeply involved; burden on defendant to prove minor role	Denied—the record supports denial; courier status and possession of 3,989 g show substantial involvement
Whether district court improperly attributed entire drug quantity to Cartagena for sentencing	Cartagena: relative role and lack of ownership mitigate attribution	Government: transportation and possession supported attribution; prior offenses and role justified full attribution	Court upheld attribution as consistent with the evidence and Guidelines application
Whether the 156-month sentence was substantively unreasonable	Cartagena: sentence (36 months above statutory minimum) greater than necessary given role and history	Government: court considered § 3553(a) factors, criminal history, danger to public; sentence is within Guidelines	Sentence not an abuse of discretion; within-Guidelines sentence presumed reasonable

Key Cases Cited

United States v. Barrientos, 670 F.3d 870 (8th Cir. 2012) (failure to consider § 3B1.2 commentary factors can be procedural error)
United States v. Burnette, 518 F.3d 942 (8th Cir. 2008) (procedural sentencing errors forfeited without objection reviewed for plain error)
United States v. Vaughn, 519 F.3d 802 (8th Cir. 2008) (plain-error standard for sentencing defects)
United States v. Pirani, 406 F.3d 543 (8th Cir. 2005) (defendant must show reasonable probability of a different outcome to prove prejudice under plain-error review)
United States v. Mitchell, 613 F.3d 862 (8th Cir. 2010) (burden on defendant to prove minor role; review for clear error)
United States v. Bush, 352 F.3d 1177 (8th Cir. 2003) (being less culpable than others insufficient when defendant is deeply involved)
United States v. Adamson, 608 F.3d 1049 (8th Cir. 2010) (transportation can be an important, non-minimal role in drug distribution)
United States v. Mees, 640 F.3d 849 (8th Cir. 2011) (standard for substantive-reasonableness review)
United States v. Bryant, 606 F.3d 912 (8th Cir. 2010) (abuse of discretion standards for weighing § 3553(a) factors)
United States v. Sandoval-Sianuqui, 632 F.3d 438 (8th Cir. 2011) (within-Guidelines sentences are presumed reasonable)