United States v. Fredy Reyes
2014 U.S. App. LEXIS 22057
| 9th Cir. | 2014Background
- Gamez Reyes pleaded guilty to six counts of harboring and concealing illegal aliens for financial gain; district court imposed 96 months’ imprisonment and a 3-year supervised release.
- He challenged two two-level sentencing enhancements: for harboring an unaccompanied minor under §2L1.1(b)(4) and for involuntarily detaining aliens through coercion or threat or in connection with a demand for payment under §2L1.1(b)(8)(A).
- He operated a large-scale alien smuggling operation (~2,000 aliens annually) with stash houses; he obtained, leased, and managed stash houses and collected smuggling fees.
- ICE raid on the Compton stash house uncovered two unaccompanied minors (ages 13 and 15); their note and subsequent investigation showed the minors were held to extract additional payments.
- Following the Compton raid, authorities found additional stash houses in Lynwood, Baldwin Park, and Hesperia; ledgers listed hundreds of smuggled aliens, with Gamez Reyes’s name appearing in multiple entries.
- The PSR recommended both enhancements; at sentencing the district court denied objections and applied the enhancements, sentencing at the top of the guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unaccompanied minor enhancement applies | Government argued minor was reasonably foreseeable given ring size | Gamez Reyes contends no reasonable foreseeability for unaccompanied minors | Yes; reasonably foreseeable under 1B1.3(a)(1)(B) reduced to judgment standard |
| Whether involuntary detention enhancement applies | Government argued coercion/fee demand foreseeable | Reyes contends lack of foreseeability | Yes; reasonably foreseeable under 1B1.3(a)(1)(B) applied to coercion/demand for payment |
| Standard of review for guideline calculations | Government maintained district court could disagree with parties | Reyes urged de novo review | De novo for guidelines interpretation; factual findings clear error only |
Key Cases Cited
- United States v. Dallman, 533 F.3d 755 (9th Cir. 2008) (affirmative accountability of coconspirators for jointly undertaken crime)
- United States v. Lavender, 224 F.3d 939 (9th Cir. 2000) (reasonableness of foreseeability under §1B1.3 in conspiracy context)
- Alapizco-Valenzuela v. United States, 546 F.3d 1208 (10th Cir. 2008) (illustrative coercive detention circumstances and foreseeability)
- Stinson v. United States, 508 U.S. 36 (1993) (authoritative interpretive commentary in guidelines)