United States v. Manuel Velasquez
710 F. App'x 189
| 5th Cir. | 2017Background
- Manuel Gerardo Velasquez was convicted by a jury of: one count of engaging in a continuing criminal enterprise (21 U.S.C. § 848), one count conspiracy to launder money, seven counts possession with intent to distribute marijuana, and two counts using a place for manufacture/distribution of marijuana.
- The district court imposed concurrent life sentences on six counts, 240 months on three counts, and 60 months on two counts.
- Velasquez challenged (1) sufficiency of evidence supporting the § 848 continuing criminal enterprise conviction, (2) the PSR’s drug-quantity calculation used for Guidelines sentencing, and (3) the substantive reasonableness of his life sentence.
- The Fifth Circuit reviewed the sufficiency claim for manifest miscarriage of justice (Velasquez failed to renew judgment of acquittal) and reviewed the sentencing challenges for plain error (no timely objection at sentencing).
- The record showed Velasquez led an organization that transported thousands of pounds of marijuana, generated millions of dollars, and that he lacked a legitimate income source—facts the court found sufficient to prove he obtained substantial income from trafficking.
- The PSR attributed 26,197.37 kg of marijuana to Velasquez; the district court adopted the PSR and Velasquez did not present rebuttal evidence. The Fifth Circuit affirmed most aspects of the judgment but vacated and remanded three life-term counts that exceeded the statutory maximum (480 months) for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for § 848 (substantial income) | Government: evidence of thousands of pounds moved and millions earned; Velasquez had no legitimate income, paid living expenses from drug proceeds | Velasquez: record insufficient to show he obtained substantial income from the enterprise | Affirmed — evidence, viewed favorably to Government, sufficed; not a manifest miscarriage of justice |
| Drug-quantity calculation in PSR for Guidelines | Government: PSR (26,197.37 kg) has adequate evidentiary basis and reliability; district court may adopt it | Velasquez: PSR drug-quantity findings were guesses by cooperators and unreliable | Affirmed — Velasquez failed to rebut PSR; no clear or obvious plain error in adoption |
| Substantive reasonableness of life sentence | Government: within-Guidelines sentence presumptively reasonable; district court considered § 3553(a) factors | Velasquez: life term substantively unreasonable | Affirmed — Velasquez did not overcome presumption; no plain error |
| Excessive statutory sentences on certain counts | Government: requests reformation to statutory maximum where life exceeds statutory max | Velasquez: (no successful challenge to reformation) | Vacated and remanded as to Counts 7, 10, 11 for resentencing to comply with statutory 480-month maximum |
Key Cases Cited
- United States v. Delgado, 672 F.3d 320 (5th Cir.) (standard for manifest miscarriage of justice review)
- United States v. Fuchs, 467 F.3d 889 (5th Cir. 2006) (elements of § 848 offense)
- United States v. Gonzalez, 866 F.2d 781 (5th Cir. 1989) (what satisfies "substantial income" element)
- Puckett v. United States, 556 U.S. 129 (2009) (plain-error review when defendant forfeits objection)
- United States v. Harris, 702 F.3d 226 (5th Cir.) (district court may adopt PSR facts if reliable and unrebutted)
- United States v. Huerta, 182 F.3d 361 (5th Cir. 1999) (PSR bears sufficient indicia of reliability for sentencing factfinding)