United States v. De La Cruz-Garcia
842 F.3d 1
| 1st Cir. | 2016Background
- In Feb. 2013 De La Cruz and two others loaded 26 Haitian migrants on an overcrowded, unseaworthy 25-foot boat (the Don Tino) bound for the U.S. via the Mona Passage.
- Law enforcement detected the vessel near Mona Island, Puerto Rico; several passengers jumped into the water to avoid capture.
- One passenger, Gedette Benjamin, drowned and her body was recovered after an unsuccessful rescue. Eleven others also jumped overboard but were apprehended or rescued.
- De La Cruz pled guilty to bringing aliens into the U.S. in violation of 8 U.S.C. § 1324(a)(1)(A)(i), reserving the right to contest a ten-level U.S.S.G. § 2L1.1(b)(7)(D) enhancement that applies when a death occurs during the offense.
- The district court applied the ten-level enhancement, producing a guidelines range of 41–51 months, then varied downward and sentenced De La Cruz to 38 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation standard for §2L1.1(b)(7)(D) enhancement: must death be but-for caused or reasonably foreseeable? | Government: adopt but-for causation. | De La Cruz: require a foreseeability (reasonable foreseeability) standard. | Court did not resolve circuit split; applying foreseeability standard, it held by preponderance that Benjamin's death was reasonably foreseeable and affirmed the enhancement and sentence. |
Key Cases Cited
- United States v. McCormick, 773 F.3d 357 (1st Cir. 2014) (standard of review—clear error for facts, de novo for legal questions)
- United States v. Zaldivar, 615 F.3d 1346 (11th Cir. 2010) (adopts reasonable-foreseeability nexus for death enhancement)
- United States v. Cardena-Garcia, 362 F.3d 663 (10th Cir. 2004) (requires death to be reasonably foreseeable and a contributing factor)
- United States v. Ramos-Delgado, 763 F.3d 398 (5th Cir. 2014) (applies but-for/actual causation for enhancement)
Disposition
Affirmed the sentence and the ten-level §2L1.1(b)(7)(D) enhancement; the court found the passenger's death was reasonably foreseeable from De La Cruz’s use of an overcrowded, unseaworthy vessel and the risk that passengers would jump to avoid capture.