United States v. Ernesto Cabanas-Torres
17-10644
| 11th Cir. | Nov 16, 2017Background
- Cabanas-Torres joined a drug-trafficking organization (“La Compania”) selling heroin in Orlando and assumed leadership after a February 2015 arrest.
- He controlled the heroin sales line, directed coconspirators, and allowed use of his barbershop for meetings and deliveries.
- On seven occasions he sold 457 baggies (total $4,570) to undercover agents/CI’s; he admitted responsibility for at least 1 kg of heroin.
- The plea agreement and PSR stipulated he led the conspiracy for 54 weeks and conservatively estimated the organization sold 1 kg every 2 weeks.
- The PSR assigned a base offense level 34 (10–30 kg heroin) and a 3-level leadership enhancement, producing a Guidelines range of 151–168 months; the district court sentenced him to 151 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court erred attributing 10–30 kg heroin to defendant for sentencing | Gov: plea facts, PSR, and hearing evidence show >10 kg attributable to defendant | Cabanas-Torres: quantity estimate unreliable; agent testimony rested on hearsay/conjecture; argues responsibility limited to ≤1 kg | Affirmed: court did not clearly err; plea and PSR alone establish ~27 kg; agent hearsay, if used, had sufficient indicia of reliability |
Key Cases Cited
- United States v. Almedina, 686 F.3d 1312 (11th Cir. 2012) (drug-quantity attribution reviewed for clear error; government must prove quantity by preponderance)
- United States v. Wilson, 884 F.2d 1355 (11th Cir. 1989) (sentencing findings may rest on plea admissions, undisputed PSR facts, or hearing evidence)
- United States v. Rodriguez, 398 F.3d 1291 (11th Cir. 2005) (district court may estimate drug quantity if estimate is fair, accurate, and conservative)
- United States v. Wade, 458 F.3d 1273 (11th Cir. 2006) (failure to object to PSR facts admits those facts for sentencing)
- United States v. Docampo, 573 F.3d 1091 (11th Cir. 2009) (reliability of hearsay at sentencing need not be explicitly found where record shows reliability)
- United States v. Reme, 738 F.2d 1156 (11th Cir. 1984) (hearsay at sentencing needs only a minimal indicia of reliability)
- United States v. Anderton, 136 F.3d 747 (11th Cir. 1998) (court may rely on hearsay at sentencing if sufficiently reliable, with findings of credibility and opportunity to rebut)