United States v. Hector Hurtado
2014 U.S. App. LEXIS 14621
| 9th Cir. | 2014Background
- Hurtado pled guilty to importing 11.64 kg of cocaine from Mexico; charged under 21 U.S.C. §§ 952 and 960.
- He drove a truck through Calexico and was paid $3,500; a narcotics dog alerted at secondary and 10 packages were found in the firewall.
- Presentence report recommended 46 months; no minor role reduction initially; safety-valve and low end guideline range contemplated.
- Parties jointly requested a minor role reduction; district court denied it, treating Hurtado as an average drug smuggler.
- District court calculated an adjusted offense level of 23, with a criminal history I; guideline range 46–57 months; imposed 46 months plus fine and supervision.
- Appeal challenges the minor role denial, arguing Hurtado was a courier and thus entitled to a minor role adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hurtado qualified for a minor role adjustment | Hurtado argued he was a courier with minor participation. | Hurtado contends the district court failed to compare him to other participants and misapplied the standard. | Denied; Hurtado not substantially less culpable than the average participant. |
| Whether the sentence was substantively reasonable | Sentence was too harsh for a routine courier. | District court appropriately weighed factors and safety valve enabled a lower sentence. | Affirmed; 46-month sentence within range and consistent with factors. |
| Whether the district court properly fined Hurtado and considered ability to pay | Fine independent of ability to pay was improper. | Court considered ability to pay and future earning capacity; $450 fine reasonable. | Affirmed; court properly considered payment ability and future capacity. |
Key Cases Cited
- United States v. Rodriguez-Castro, 641 F.3d 1189 (9th Cir. 2011) (guidelines interpretation and minor role framework)
- United States v. Lui, 941 F.2d 844 (9th Cir. 1991) (courier not automatically minor participant)
- United States v. Hursh, 217 F.3d 761 (9th Cir. 2000) (totality of circumstances supports denial of minor role)
- United States v. Orlando, 553 F.3d 1235 (9th Cir. 2009) (fine must be reasonably linked to ability to pay; no need to articulate every factor)
- United States v. Haggard, 41 F.3d 1320 (9th Cir. 1994) (earning capacity to pay supports imposition of fine)
- United States v. Hernandez-Arias, 745 F.3d 1275 (9th Cir. 2014) (health, ability to work support district court’s fine determination)