United States v. Reinaldo Arteaga
713 F. App'x 933
| 11th Cir. | 2017Background
- Arteaga, a SNAP-authorized vendor at a flea market, exchanged cash for food stamps and conducted sham transactions to redeem benefits for profit from Aug 2014–May 2016.
- He attempted to redeem $1,512,098 in benefits; the government paid him $1,216,872.
- Indicted for conspiracy (18 U.S.C. § 371), EBT transaction fraud, and wire fraud; pled guilty to conspiracy and wire fraud; transaction-fraud counts dismissed at sentencing.
- PSI and sentencing used the $1,512,098 figure for intended loss; district court applied a 16-level enhancement under U.S.S.G. § 2B1.1(b), then varied downward and sentenced Arteaga to 36 months (below a 41–51 mo. guideline range).
- The district court ordered restitution of $1,216,872 (the amount actually paid).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loss for U.S.S.G. § 2B1.1(b) should be the amount actually redeemed ($1,216,872) rather than the amount attempted ($1,512,098) | Arteaga: use actual received amount; it is concrete and reflects culpability | Government/District Court: use intended loss (amount attempted) per Guidelines; PSI admissions bind defendant | Court: Affirmed use of intended loss ($1,512,098); 16-level enhancement appropriate |
| Whether the sentence was reasonable under 18 U.S.C. § 3553(a) | Arteaga: court failed to adequately consider personal history, family, remorse, and his acceptance of responsibility | Government/District Court: court considered § 3553(a) factors and granted a downward variance | Court: No abuse of discretion; sentence reasonable and within permissible range |
Key Cases Cited
- United States v. Cabrera, 172 F.3d 1287 (11th Cir.) (loss-amount determination reviewed for clear error)
- United States v. Tejas, 868 F.3d 1242 (11th Cir.) (de novo review of Guidelines interpretation)
- United States v. Rodriguez, 398 F.3d 1291 (11th Cir.) (plain-error review for arguments raised first on appeal)
- United States v. Ellisor, 522 F.3d 1255 (11th Cir.) (sentence reasonableness standard)
- United States v. Irey, 612 F.3d 1160 (11th Cir.) (abuse-of-discretion framework for § 3553(a) weighing)
- United States v. Wade, 458 F.3d 1273 (11th Cir.) (failure to object to PSI facts admits them for sentencing purposes)