United States v. Laracuent
2015 U.S. App. LEXIS 2365
1st Cir.2015Background
- On Jan. 26, 2012, DEA agents observed a vessel offloading bales later confirmed as cocaine into vehicles in Santa Isabel, Puerto Rico; Laracuent was seen helping load bales into a Nissan Armada.
- At a traffic stop of the Armada, agents found three firearms in the vehicle and seized the drugs; Laracuent was in the Armada and arrested.
- A grand jury indicted Laracuent on three counts: conspiracy to distribute cocaine (Count 1), possession with intent to distribute cocaine (Count 2), and possession of a firearm in furtherance of a drug trafficking crime, aiding and abetting (Count 3).
- Laracuent pleaded guilty to Count 1 and Count 3 (Count 2 dismissed); he was sentenced to 120 months (Count 1) and 60 months consecutive (Count 3). He appealed only the conviction on Count 3, seeking to withdraw his plea as factually insufficient.
- At the plea colloquy Laracuent admitted the prosecutor’s factual proffer (loading cocaine bales, cocaine confirmed, three firearms in the Armada) and twice admitted he committed Count 3 knowingly; the government proffered testimony, photos, lab results, and the firearms as trial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the change-of-plea record furnished a sufficient factual basis under Fed. R. Crim. P. 11(b)(3) for Count 3 (§ 924(c) aiding-and-abetting) | The government argued its proffer plus Laracuent’s admissions provided a rational factual basis to infer he knowingly possessed firearms in furtherance of the drug offense | Laracuent argued the record lacked proof he had advance knowledge a confederate would carry a gun (per Rosemond) and questioned identification of the principal | Affirmed — plea acceptance was supported by an adequate factual basis; no plain error shown |
Key Cases Cited
- Jiminez v. United States, 498 F.3d 82 (1st Cir. 2007) (factual-basis requirement for plea and source of permissible admissions/proffers)
- Negrón-Narváez v. United States, 403 F.3d 33 (1st Cir. 2005) (standard for reviewing plea acceptance and plain-error framework)
- Ramos-Mejía v. United States, 721 F.3d 12 (1st Cir. 2013) (modest showing required to meet factual-basis rule)
- Marrero-Rivera v. United States, 124 F.3d 342 (1st Cir. 1997) (government need not prove every element with direct evidence during a plea colloquy)
- Rosemond v. United States, 134 S. Ct. 1240 (2014) (explaining that an aider/abettor must know a confederate will carry a gun to be liable under § 924(c))