United States v. Enrique Jaime Mino
697 F. App'x 973
11th Cir.2017Background
- Defendant Enrique Jaime Arreaga Mino pled guilty to conspiracy to possess with intent to distribute ≥5 kg of cocaine aboard a vessel subject to U.S. jurisdiction.
- The statutory penalty range for his offense was 10 years to life.
- The Presentence Investigation Report calculated a Guidelines range of 135–168 months.
- The district court sentenced Arreaga Mino to 135 months (the low end of the Guidelines range).
- Arreaga Mino’s plea agreement included a sentence-appeal waiver but expressly carved out Eighth Amendment challenges.
- On appeal he contended (1) the waiver did not bar his Eighth Amendment claim and (2) his 135-month sentence was grossly disproportionate (noting a codefendant received 108 months after cooperating).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the plea agreement waiver bar an Eighth Amendment challenge? | Arreaga Mino: waiver does not bar Eighth Amendment claims because the agreement carved out such claims. | Government: waiver generally bars appeals but did not dispute this carve-out here. | Court: Waiver does not bar the Eighth Amendment challenge; appeal may proceed on that ground. |
| Did the 135-month sentence violate the Eighth Amendment as-applied (grossly disproportionate)? | Arreaga Mino: sentence is grossly disproportionate to his offense and harsher than his codefendant’s sentence (who cooperated earlier). | Government: sentence was within statutory limits and within Guidelines; not grossly disproportionate. | Court: No plain error; sentence not grossly disproportionate. Appeal denied and sentence affirmed. |
Key Cases Cited
- United States v. Johnson, 541 F.3d 1064 (11th Cir.) (standard for reviewing validity of appeal waivers)
- United States v. Bushert, 997 F.2d 1343 (11th Cir.) (appeal waivers enforced if knowing and voluntary)
- United States v. McGarity, 669 F.3d 1218 (11th Cir.) (Eighth Amendment review and plain-error standard when not raised below)
- United States v. Raad, 406 F.3d 1322 (11th Cir.) (plain-error test)
- United States v. Reynolds, 215 F.3d 1210 (11th Cir.) (narrow proportionality principle in non-capital cases)
- United States v. Johnson, 451 F.3d 1239 (11th Cir.) (two-step Eighth Amendment gross-disproportionality test)
- United States v. Farley, 607 F.3d 1294 (11th Cir.) (comparative analysis only after finding gross disproportionality)