United States v. Ilarraza
963 F.3d 1
| 1st Cir. | 2020Background
- Ilarraza, serving in Massachusetts custody, arranged sales of firearms via recorded calls with co-conspirator Torres; cooperating witnesses purchased multiple handguns (and an assault rifle), some with obliterated serial numbers.
- CW-2 deposited $700 into Ilarraza's prison canteen account before the first sale; several subsequent sales were planned and executed between September and October 2017.
- A federal indictment charged conspiracy to deal in firearms without a license and aiding/abetting dealing in firearms; the conspiracy was alleged to continue through October 19, 2017.
- In the PSR the base offense level began at 12 and the probation officer recommended multiple enhancements (obliterated serial numbers, trafficking, exportation, being a prohibited person after an Oct. 17 conviction) plus a two-level organizer role and a three-level acceptance reduction, yielding a TOL of 29; GSR was capped by the 120‑month statutory maximum.
- The district court adopted the revised PSR, applied all enhancements, and imposed a downward-variant 50‑month sentence. Ilarraza timely appealed, challenging several subsidiary guideline findings.
Issues
| Issue | Ilarraza's Argument | Government's Argument | Held |
|---|---|---|---|
| Prohibited-person enhancement (USSG §2K2.1(a)(6)(A)) | His predicate conviction (Oct. 17) postdated his active participation, so he was not a "prohibited person" when he committed the offense. | Conspiracy membership continues until termination; he was still a conspirator on Oct. 19, so becoming prohibited on Oct. 17 triggers the +2 BOL. | Court held "time the defendant committed the instant offense" covers entire conspiracy membership absent withdrawal/expulsion; enhancement affirmed. |
| Quantity (firearms count for USSG §2K2.1(b)(1)(B)) | He was only involved in the first two sales and not responsible for later sales after his last call. | Relevant conduct for a conspirator includes reasonably foreseeable acts of coventurers; at least eight firearms were foreseeable/attributable. | Court found later sales reasonably foreseeable (including 3‑gun sales) and attributed at least eight firearms to him; enhancement affirmed. |
| Exportation enhancement (USSG §2K2.1(b)(6)(A)) | No evidence he knew firearms would be exported; actual export didn't occur; he had no direct export role. | He repeatedly discussed shipping to the Dominican Republic and noted payment "from Santo Domingo"; statements and conduct support knowledge. | Court found ample circumstantial evidence of his state of mind; actual export not required; enhancement affirmed. |
| Trafficking enhancement (USSG §2K2.1(b)(5)) | Trafficking requires knowledge that recipient could not lawfully possess guns; CW‑2 was a stranger so he lacked that knowledge. | Enhancement also applies if defendant knew or had reason to believe recipient intended unlawful use/disposal; quantity, export plan, and instructions to obliterate serial numbers support that inference. | Court held government proved reason to believe recipient intended unlawful disposal/use; circumstantial evidence (export plan, serial obliteration, volume) supports enhancement. |
| Role enhancement (USSG §3B1.1(c)) | He was merely a matchmaker/cheerleader, not an organizer or manager. | He recruited Torres, coordinated sales, instructed pricing and to remove serial numbers; managed at least Torres for initial sales. | Court found sufficient evidence he organized/managed another participant (Torres) for the initial transactions; +2 role enhancement affirmed. |
| Juvenile custody scoring (USSG §4A1.2(d)(2)(A)) | DYS records unclear; time in DYS custody may not equal qualifying "confinement" of ≥60 days. | Probation officer's DYS records showed each adjudication resulted in at least 60 days and release within five years; appellant failed to present contrary records. | Court found appellant failed to develop or support the argument and did not place underlying records in the record below; claim waived and scoring affirmed. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (sentencing begins with Guidelines as starting point)
- Smith v. United States, 568 U.S. 106 (conspirator continues to violate law through duration of membership)
- United States v. Jones, 778 F.3d 375 (guilty plea admits period of conspiracy membership)
- United States v. Mehanna, 735 F.3d 32 (withdrawal requires affirmative disavowal; statements to coconspirators probative)
- United States v. Marceau, 554 F.3d 24 (circumstantial evidence can establish defendant's knowledge that recipient intended unlawful use/disposal)
- United States v. Taylor, 845 F.3d 458 (review of trafficking enhancement and use of inferences from context)