United States v. Robert Ranjel
2017 U.S. App. LEXIS 18905
| 7th Cir. | 2017Background
- In 2002 Ranjel, a Latin Kings member, was indicted in Aurora, Illinois for conspiracy to distribute controlled substances and three cocaine distribution counts; he fled to Mexico and returned in 2011.
- A jury convicted him at trial; the district court ordered a PSR and instructed counsel to file written objections and position statements on supervised release.
- The PSR attributed about 2.06 kg of cocaine to Ranjel (based on supplier Juan Corral’s testimony, recorded calls, and small sales to informants), recommended a three-level manager/supervisor enhancement (§ 3B1.1(b)), a two-level obstruction enhancement (§ 3C1.1) for his flight, and recommended five years’ supervised release (guidelines recommended three).
- At sentencing the judge accepted the PSR, heard government witnesses about an acquitted 1990 gang-related murder, credited their testimony, applied the enhancements, and imposed 235 months’ imprisonment and five years’ supervised release.
- Ranjel appealed, raising challenges to drug-quantity calculation, role and obstruction enhancements, consideration of murder evidence, and the supervised-release explanation.
Issues
| Issue | Plaintiff's Argument (Ranjel) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Drug-quantity attribution | PSR double-counted and relied on vague, unreliable testimony | Quantity based on supplier testimony corroborated by >75 recorded calls and informant sales; estimate conservative | Court affirmed PSR 2.06 kg finding; estimate permissible and not clearly erroneous |
| Role enhancement (§ 3B1.1(b)) | Did not manage "five participants" and lacked supervisory role | He supervised at least three coconspirators and conspiracy involved >5 people; control over others suffices | Enhancement proper: managing or supervising one or more participants in extensive activity is enough |
| Obstruction enhancement (§ 3C1.1)) | Flight did not prejudice prosecution or impose costs; agents knew his location | Fugitive status need not cause actual prejudice; flight likely burdens prosecution and did here (retests, witness availability, cooperator death) | Two-level enhancement for obstruction affirmed |
| Consideration of acquitted murder at sentencing | Reliance on hearsay and untrustworthy cooperating witnesses makes use improper | Watts allows consideration of conduct proven by preponderance; hearsay admissible at sentencing; judge credited witnesses | Court affirmed consideration; judge’s credibility findings entitled to deference |
| Supervised-release term/procedure | Judge failed to state guidelines term (3 years) and explain why imposed 5 years | PSR gave notice and defense waived objections by not contesting PSR recommendation and expressly declining objections at hearing | Waived; no procedural error; five-year term upheld |
Key Cases Cited
- United States v. Austin, 806 F.3d 425 (7th Cir.) (drug-quantity findings reviewed for clear error)
- United States v. Bozovich, 782 F.3d 814 (7th Cir.) (district courts may make reasonable though imprecise drug-quantity estimates)
- United States v. Pagan, 196 F.3d 884 (7th Cir.) (manager/supervisor enhancement requires control over others)
- United States v. Porter, 145 F.3d 897 (7th Cir.) (§ 3C1.1 applies to attempted obstruction; actual prejudice not required)
- United States v. Nduribe, 703 F.3d 1049 (7th Cir.) (fleeing abroad likely burdens an investigation or prosecution)
- United States v. Watts, 519 U.S. 148 (1997) (acquittal does not bar sentencing consideration of same conduct proved by a preponderance)
- United States v. Grigsby, 692 F.3d 778 (7th Cir.) (hearsay admissible at sentencing)
- United States v. Lewis, 823 F.3d 1075 (7th Cir.) (advance notice of supervised-release recommendations and opportunity to object are important; failure to object can be waiver)