United States v. Tanco-Baez
942 F.3d 7
| 1st Cir. | 2019Background
- On March 26, 2014, Tanco, Cepeda, and Rosario participated in a drive-by shooting in Puerto Rico; shell casings at the scene matched firearms later seized (including a Glock modified to fire automatically).
- Police arrested Cepeda inside a housing-project hallway and found a pistol magazine nearby and marijuana in his shoe; Tanco and Rosario were found in an apartment where pistol parts and magazines were recovered.
- At trial an agent testified (through an interpreter) that Cepeda admitted in a post-arrest interview to daily/longstanding marijuana use and to possessing the machinegun; no written or recorded statement or contemporaneous notes were introduced.
- The jury convicted Cepeda on Count One (§ 922(g)(3)) and Count Three (§ 922(o)); Tanco on Count Two (§ 922(g)(1)) and Count Three; Rosario on Count Three. All three appealed.
- District Court sentenced Cepeda and Tanco to 120 months (statutory maximum); both challenged procedural and substantive reasonableness of their sentences on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Cepeda §922(g)(3) (unlawful user) | Gov't: Cepeda's admission of long-term use, plus corroboration of other admissions, suffices | Cepeda: admission was ambiguous, undocumented, and uncorroborated as to long-term use | Reversed — admission not sufficiently corroborated to prove long-term unlawful use beyond a reasonable doubt |
| Sufficiency of evidence for Tanco §922(g)(1) (felon in possession) | Gov't: DNA, presence in vehicle/apartment, firearms found, and matching casings support constructive possession | Tanco: no adequate link between him and the firearms | Affirmed — circumstantial evidence supports constructive possession |
| Sufficiency of evidence for aiding/abetting §922(o) (Tanco & Rosario) | Gov't: joint participation in shooting, hearing rapid automatic fire, supports knowledge and advance awareness | Defendants: lacked advance knowledge machinegun characteristics; mere presence insufficient | Affirmed — firing pattern supported inference of knowledge; continued participation permitted inference of intent/ability to withdraw |
| Procedural/substantive reasonableness of sentences (Tanco & Cepeda) | Gov't: district court permissibly considered §3553 factors and related murder evidence to justify upward variance | Defendants: court misapplied guidelines/cross-reference; variance excessive and procedurally flawed | Tanco: sentence affirmed. Cepeda: sentence vacated and remanded (reversal of Count One undermines prohibited-person guideline calculation; error not harmless) |
Key Cases Cited
- Wong Sun v. United States, 371 U.S. 471 (1963) (corroboration rule: convictions must rest on more than uncorroborated admissions/confessions)
- Smith v. United States, 348 U.S. 147 (1954) (corroboration rule applies to admissions that are vital to prosecution even if not full confessions)
- Opper v. United States, 348 U.S. 84 (1954) (admissions after the fact to investigators require corroboration when they embrace an element vital to the case)
- United States v. Calderon, 348 U.S. 160 (1954) (related elaboration on corroboration of admissions)
- Massei v. United States, 355 U.S. 595 (1958) (corroboration cannot be satisfied by independent proof of an unrelated admitted fact)
- United States v. Singleterry, 29 F.3d 733 (1st Cir. 1994) (discusses corroboration of admissions by evidence that bolsters credibility; dicta on related corroboration limits)
- Staples v. United States, 511 U.S. 600 (1994) (knowledge element may be inferred from external indications; firing an automatic weapon is such an indication)
- Rosemond v. United States, 572 U.S. 65 (2014) (aiding-and-abetting requires advance knowledge sufficient to permit withdrawal)
- United States v. Caparotta, 676 F.3d 213 (1st Cir. 2012) (defines elements of unlawful-user status under §922(g)(3))
- United States v. Marceau, 554 F.3d 24 (1st Cir. 2009) (same)
- United States v. Wight, 968 F.2d 1393 (1st Cir. 1992) (constructive possession principles)
- United States v. Rodriguez-Reyes, 714 F.3d 1 (1st Cir. 2013) (sentencing factfinding by preponderance standard)
- Molina-Martinez v. United States, 136 S. Ct. 1338 (2016) (error in Guidelines range often not harmless because range frames sentencing decision)