United States v. Rodriguez-Reyes
714 F.3d 1
| 1st Cir. | 2013Background
- Four defendants convicted in Puerto Rico federal court of conspiracy to possess with intent to distribute narcotics and conspiracy to use or carry firearms; life on Count 1 and 10 years on Count 2, consecutive.
- Evidence showed drug distribution at La Recta in two Canales housing projects (2003–2006) with violence and murders to protect the conspiracy.
- Méndez-Roldán controlled crack sales at La Recta; Cabrera-Cosme took over later; González-Suárez and Rodríguez-Reyes joined and used violence and firearms.
- Jury instructed on single conspiracy; district court applied murder cross-reference to set an advisory life sentence under §2A1.1/§2D1.1(d)(1).
- Defendants challenged one overarching conspiracy vs multiple conspiracies and severance; the court denied severance and the verdicts were upheld on appeal.
- Sentences and conspiracy findings were reviewed de novo for sufficiency and reasonableness; issues addressed include cross-reference application, leadership enhancements, and severance ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the conspiracy charge | Government argued a single conspiracy existed. | Defendants claimed multiple conspiracies; variance prejudiced them. | Convictions supported by single-conspiracy finding. |
| Application of murder cross-reference | Cross-reference was properly used to reach life sentence. | Questioned procedural use and Apprendi concerns. | Cross-reference properly applied; no plain error; life sentence reasonable. |
| Imposition of leadership and related enhancements | Leadership and minor-use enhancements warranted given roles. | Challenges to leadership finding and relevance of cross-reference. | Enhancements supported; any error harmless; sentence sustained. |
| Severance/motion for new trial | Severance unnecessary; enabling evidence admissible. | spillover evidence prejudicial to Cabrera. | District court did not abuse discretion; severance denied. |
Key Cases Cited
- United States v. Poulin, 631 F.3d 17 (1st Cir. 2011) (sufficiency review for jury verdicts; 'plausible rendition' standard)
- United States v. Rivera Calderón, 578 F.3d 78 (1st Cir. 2009) (single conspiracy proof; acts to further conspiracy suffices)
- United States v. Ortiz, 966 F.2d 707 (1st Cir. 1992) (standard for evaluating conspiracies; realistic record view)
- United States v. Fenton, 367 F.3d 14 (1st Cir. 2004) (credibility assumed for government witnesses; standard of review)
- United States v. Martínez–Medina, 279 F.3d 105 (1st Cir. 2002) (scope of cooperation in conspiracies; multiple leaders permissible)
- United States v. Appolon, 695 F.3d 44 (1st Cir. 2012) (review of imposition of sentencing enhancements for clear error)