United States v. Jose Ortiz
463 F. App'x 580
| 7th Cir. | 2011Background
- Ortiz pled guilty to multiple drug offenses and received 324 months’ imprisonment.
- Conspiracy spanned 2000–2007; Ortiz recruited Jimenez in 2007 as a courier and arranged transport and payment.
- Presentence report proposed a 3-level § 3B1.1(b) enhancement based on Ortiz’s leadership in recruiting and controlling Jimenez.
- Ortiz contested the upgrade, claiming he was a broker, not a leader, and denied control over Jimenez.
- District court credited Jimenez’s account over Ortiz’s, applying 3B1.1(b) and rejecting an acceptance-of-responsibility reduction.
- Ortiz argued on appeal that the district court erred in applying § 3B1.1(b) and in denying § 3E1.1 reduction; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3B1.1(b) applies to Ortiz | Ortiz—no manager or supervisor; merely a conduit. | Ortiz did not direct Jimenez; no control. | Yes, adjustment affirmed. |
| Whether credibility findings support § 3B1.1(b) | Court properly credited Jimenez’s account over Ortiz. | Ortiz argues credibility undermines the finding. | District court within discretion; credibility supported the adjustment. |
| Whether Ortiz warranted § 3E1.1 reduction for acceptance of responsibility | Ortiz deserved reduction for remorse and plea. | Ortiz denied aggravating role, warranting denial. | Denied due to denial of relevant conduct. |
Key Cases Cited
- United States v. Knox, 624 F.3d 865 (7th Cir. 2010) (guide for evaluating § 3B1.1(b) factors)
- United States v. Etchin, 614 F.3d 726 (7th Cir. 2010) (credibility standard in sentencing decisions)
- United States v. Turner, 604 F.3d 381 (7th Cir. 2010) (credibility and factor consideration in adjustments)
- United States v. Vallar, 635 F.3d 271 (7th Cir. 2011) (emphasizes relative responsibility and control in § 3B1.1(b))
- United States v. Borrasi, 639 F.3d 774 (7th Cir. 2011) (application of § 3B1.1 factors)
- United States v. Ngatia, 477 F.3d 496 (7th Cir. 2007) (support for leadership/financial control considerations)
- United States v. Wasz, 450 F.3d 720 (7th Cir. 2006) (role adjustments guidance)
- United States v. Gordon, 495 F.3d 427 (7th Cir. 2007) (permissible denial of acceptance for false denial of conduct)
- United States v. Zehm, 217 F.3d 506 (7th Cir. 2000) (guidance on denial of acceptance for misleading testimony)