United States v. Marquez
2012 U.S. App. LEXIS 22811
| 1st Cir. | 2012Background
- Marquez pled guilty to five crack distribution counts and one conspiracy count in the District of Massachusetts.
- PSR attributed 152 grams of crack to Marquez for distribution, plus an expanded 304-gram figure based on recorded statements.
- The district court relied on those statements to set a total offense level and a guideline range of 84–105 months, then, via extrapolation, increased to 121–151 months and imposed 121 months, one month above the statutory minimum.
- Marquez argued the PSR overcounted, claiming only 53.87 grams were properly attributable and that a second 152-gram purchase could not be reliably inferred.
- The district court attributed 304 grams after evaluating transcripts and concluded there were at least two 152-gram acquisitions, prompting a mandatory minimum sentence of 120 months.
- On appeal, Marquez contends the court misapplied extrapolation and consideration of acquitted conduct; the First Circuit vacated the sentence and remanded for new proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 304 grams (two 152-gram purchases) were properly attributable | Marquez contends only 53.87 grams were established. | Marquez argues second 152-gram purchase not reliably shown. | Remand for reevaluation of drug quantity. |
| Whether extrapolation to estimate quantities was proper | PSR used extrapolation to infer additional quantities. | Extrapolation rests on unreliable inferences and overreaches. | Extrapolation must be scrutinized; not automatic. |
| Whether the court could consider acquitted conduct in sentencing | Govt. argues murder admission can be used under Watts. | ||
| Marquez asserts acquitted conduct should be excluded. | Acquitted conduct can be considered at sentencing. | ||
| Whether future danger and gang affiliation are relevant to sentencing | Past conduct and gang ties may justify a higher sentence. | Irrelevant to the charged drug quantities and offense. | Court may consider history and characteristics under 3553(a). |
Key Cases Cited
- United States v. Aguasvivas-Castillo, 668 F.3d 7 (1st Cir. 2012) (review of evidentiary standards in sentencing)
- United States v. Figueroa, 976 F.2d 1446 (1st Cir. 1992) (recorded statements used to determine drug quantity)
- United States v. Cintrón-Echautegui, 604 F.3d 1 (1st Cir. 2010) (reliability of extrapolation in quantity determinations)
- United States v. Webster, 54 F.3d 1 (1st Cir. 1995) (conservative figures within tight margins for extrapolation)
- United States v. Rivera-Maldonado, 194 F.3d 224 (1st Cir. 1999) (rejecting unreliable inferences in quantity estimates)
- United States v. Sepulveda, 15 F.3d 1161 (1st Cir. 1993) (rejection of sweeping generalities in testimony)
- United States v. Welch, 15 F.3d 1202 (1st Cir. 1993) (critique of rote averaging in quantity estimates)
- United States v. Watts, 519 U.S. 148 (1997) (acquitted conduct may be considered at sentencing)
- United States v. Anonymous Defendant, 629 F.3d 68 (1st Cir. 2010) (acquitted conduct and sentencing procedures)