United States v. Serunjogi
2014 U.S. App. LEXIS 18300
| 1st Cir. | 2014Background
- Ronald conspired with Samson Sengoonzi to arrange a sham marriage to assist Samson's immigration status and to profit May.
- Ronald acted as a wedding planner: drove May to the ceremony, accepted cash from Samson, and coached the couple for immigration interviews.
- The marriage occurred in 2008 with a quick ceremony; May was paid and did not intend to live with Samson.
- Post-wedding, May cooperated with investigators and provided texts and records linking Ronald to the scheme.
- Immigration interviews revealed inconsistencies; government later charged Ronald under 18 U.S.C. § 371 for conspiracy to defraud the United States; Samson pled guilty to related offenses.
- Ronald was convicted after a three-day trial; sentence consisted of four months in prison and one year of supervised release (four months home confinement).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy to defraud the government | Ronald argues May's inconsistencies show no conspiracy | Ronald contends no knowing participation or agreement | Evidence sufficient; rational jury could find conspiracy and knowing participation |
| Reasonableness of the sentence and Guideline calculation | Ronald seeks § 2L2.1 and § 2X1.1 adjustments | District court misapplied guidelines; requested adjustments were appropriate | Sentence affirmed; no clear error in GSR or application; substantial completion and profit findings upheld |
| Mootness of Ronald's sentencing appeal and jurisdiction | Appeal moot because he was released | Ronald remains under home confinement and supervised release; injury remains | Not moot; ongoing four months home confinement and one year supervised release provide live controversy |
Key Cases Cited
- Portalla, 496 F.3d 23 (1st Cir. 2007) (sufficiency review standard for criminal convictions)
- Hernandez, 218 F.3d 58 (1st Cir. 2000) (credibility and weighing witness testimony on appeal)
- Floyd v. United States, 740 F.3d 22 (1st Cir. 2014) (established elements of conspiracy to defraud and overt acts)
- Martin, 520 F.3d 87 (1st Cir. 2008) (procedural steps for calculating guideline range)
- Pelletier, 469 F.3d 194 (1st Cir. 2006) (guidelines and § 3553(a) considerations in sentencing)
- Chapdelaine, 989 F.2d 28 (1st Cir. 1993) (near- completion of offense affects X1.1 reduction)