United States v. Ramon Garcia
2014 U.S. App. LEXIS 23696
8th Cir.2014Background
- Garcia and six co-defendants were indicted for conspiracy to distribute ≥500 g methamphetamine; Garcia pled guilty without a plea agreement.
- At sentencing the district court attributed over 15 kg of methamphetamine to Garcia, yielding a base offense level of 38 under the Guidelines in effect at sentencing.
- Court applied a +2 "maintained premises" (stash house) enhancement under U.S.S.G. § 2D1.1(b)(12) based on Garcia's control/use of a Lincoln property and garage for storing vehicles and drugs.
- Court applied a +3 manager/supervisor enhancement under U.S.S.G. § 3B1.1(b) based on testimony that Garcia directed deliveries, paid couriers, provided vehicles, and instructed a co-conspirator to register/insure vehicles.
- District court relied on witness testimony and some hearsay at sentencing; Garcia disputed quantity, stash-house findings, role enhancement, and requested a below-Guidelines sentence.
- The Eighth Circuit affirmed, rejecting Garcia's challenges to quantity, the stash-house enhancement (including admission of hearsay), the role enhancement, and the substantive reasonableness of the within-Guidelines sentence.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Garcia) | Held |
|---|---|---|---|
| Drug-quantity attribution | Evidence and witness testimony support finding ≥15 kg attributed to Garcia | Quantity finding was extrapolation/conjecture unsupported by record | Affirmed; district court did not clearly err and had sufficient basis to approximate quantity (can rely on imprecise evidence) |
| Stash-house enhancement under § 2D1.1(b)(12) | Garcia maintained premises used to store/distribute drugs (control, access, use of garage/vehicles) | No ownership/rental proof; enhancement unsupported; relied on hearsay | Affirmed; facts show maintenance/control; ownership not required; hearsay admissible at sentencing if reliable and subject to rebuttal |
| Reliance on hearsay at sentencing | Hearsay statements corroborated other testimony and were sufficiently reliable for sentencing | Hearsay should not have been admitted/relied upon to support enhancement | Affirmed; sentencing courts have wide discretion and may consider uncorroborated hearsay with indicia of reliability (U.S.S.G. § 6A1.3) |
| Role enhancement (manager/supervisor) under § 3B1.1(b) | Garcia supervised couriers, paid them, provided vehicles and directed logistics | Garcia merely followed orders from superiors; did not supervise others | Affirmed; by preponderance court could find Garcia managed/supervised participants (manager/supervisor defined liberally) |
| Substantive reasonableness of within-Guidelines sentence | Guidelines sentence appropriate given offense and § 3553(a) factors | District court failed to adequately weigh § 3553(a) mitigating factors; sentence unreasonable | Affirmed; within-Guidelines sentence presumptively reasonable and district court adequately considered § 3553(a) |
Key Cases Cited
- United States v. Minnis, 489 F.3d 325 (8th Cir. 2007) (standard for reviewing drug-quantity findings at sentencing)
- United States v. Zimmer, 299 F.3d 710 (8th Cir. 2002) (courts may determine quantity from imprecise evidence if record supports decision)
- United States v. Miller, 698 F.3d 699 (8th Cir. 2012) (review of stash-house factual findings for clear error; factors for “maintained” premises)
- United States v. Atkins, 250 F.3d 1203 (8th Cir. 2001) (permitting consideration of uncorroborated hearsay at sentencing with indicia of reliability)
- United States v. Agboola, 417 F.3d 860 (8th Cir. 2005) (sentencing process has relaxed evidentiary protections compared to trial)
- United States v. Gamboa, 701 F.3d 265 (8th Cir. 2012) (standard of review and burden for role enhancements)
- United States v. Lopez, 431 F.3d 313 (8th Cir. 2005) (manager/supervisor enhancement can apply even if defendant supervised only one participant)
- United States v. Lawrence, 918 F.2d 68 (8th Cir. 1990) (procurement, storage, sale, and payment to suppliers supports manager/supervisor enhancement)
- United States v. Sandoval-Sianuqui, 632 F.3d 438 (8th Cir. 2011) (abuse-of-discretion standard for substantive reasonableness review)
- United States v. Robinson, 516 F.3d 716 (8th Cir. 2008) (presumption of substantive reasonableness for within-Guidelines sentences)
- United States v. Hernandez, 518 F.3d 613 (8th Cir. 2008) (district court must consider § 3553(a) factors; appellate review of adequacy)
- United States v. Cassidy, 6 F.3d 554 (8th Cir. 1993) (sentencing courts have discretion to admit hearsay with sufficient reliability)
- United States v. Renteria-Saldana, 755 F.3d 856 (8th Cir. 2014) (ownership/rental not prerequisite for stash-house enhancement)