United States v. Marceliano Banguera Colorado, 16-17714

Colorado pled guilty to conspiracy to possess with intent to distribute ≥5 kg of cocaine from a vessel; Coast Guard seized barrels; ship captain identified as Tenorio.
PSI attributed 598 kg to the offense, set base offense level 38 and combined offense level 33 after other reductions; criminal-history category I.
Colorado sought a 6-level minor-role reduction (U.S.S.G. §§ 3B1.2(b), 2D1.1(a)(5)), arguing he was a low-level deckhand with no planning, decisionmaking, or proprietary interest.
District court denied the minor-role reduction, explaining it never grants that reduction in similar maritime drug cases because "it takes all of these individuals working together," but granted a § 5K1.1 downward departure for substantial assistance, yielding a sentence of 108 months.
Colorado appealed, challenging the denial as legally erroneous because the district court relied on a single, categorical factor rather than the totality of circumstances required by the guidelines.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court erred in denying a minor-role reduction under U.S.S.G. § 3B1.2(b)	Colorado: He was a low-level deckhand, lacked knowledge/authority, and was less culpable than captain/load guard; met burden by preponderance.	District court: Denied reduction because all participants were essential and the court does not grant minor-role adjustments in these cases.	Vacated and remanded — district court committed legal error by relying on a per se / single-factor rationale and failed to consider the totality of circumstances.

United States v. Rodriguez De Varon, 175 F.3d 930 (11th Cir. 1999) (allocates burden of proof and instructs courts to assess role by totality of circumstances and identifiable co-participants)
United States v. Cruickshank, 837 F.3d 1182 (11th Cir. 2016) (district courts may not apply categorical rules denying minor-role reductions; remand required where court relied on single factor)