United States v. Torres-Landrua
2015 U.S. App. LEXIS 5825
| 1st Cir. | 2015Background
- Torres participated in a multi-year maritime cocaine-trafficking and money-laundering conspiracy led by "Junior Cápsula," making at least five trips from the Dominican Republic to Puerto Rico and smuggling large quantities (150–700 kg per trip) and receiving about $350,000 total.
- He also took title to at least one vessel purchased with drug proceeds and performed cash-paid repairs (e.g., jet skis), conduct the government characterized as money laundering.
- Indicted in 2010 on conspiracy to import (21 U.S.C. § 963), conspiracy to distribute (21 U.S.C. § 846), and money-laundering conspiracy (18 U.S.C. § 1956(h)); pleaded guilty to all counts.
- PSR attributed 150+ kg of cocaine to Torres (base offense level 38), added a two-level enhancement for money laundering, then granted a two-level safety-valve reduction and three levels for acceptance of responsibility, yielding total offense level 35 and GSR 168–210 months (Criminal History I).
- At sentencing Torres sought (1) safety-valve relief (granted), (2) a minor-role two-level adjustment under U.S.S.G. § 3B1.2 (denied), and (3) a downward departure for coercion/duress under U.S.S.G. § 5K2.12 (denied).
- The court sentenced him to 168 months (bottom of the Guidelines range); Torres appealed alleging due-process error at sentencing, erroneous denial of role adjustment and duress departure, and substantive unreasonableness of the sentence.
Issues
| Issue | Plaintiff's Argument (Torres) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Due process at sentencing | Judge improperly limited defense testimony, excluded hearsay about coercion, and impermissibly cross-examined Torres | Court acted within its discretion to exclude unreliable hearsay; judge may question witnesses at sentencing | No due-process violation; district court acted within discretion and allowed relevant testimony and argument |
| Minor-role reduction (§ 3B1.2) | Torres was a minor participant (or at least in the money-laundering count he was only a straw owner) | PSR timely showed no role reduction; relevant-conduct rules allow drug conduct to be considered; Torres waived new money-laundering-focused argument | Denial affirmed—Torres waived new theory and, on the merits, was not a minor participant |
| Downward departure for coercion/duress (§ 5K2.12) | Torres faced serious coercion/duress (threats/armed enforcers) warranting departure even if not a complete defense | District court found Torres not credible and that absence of retaliation and large cash payments undercut duress claim | Denial affirmed—court properly required credible showing and found no serious coercion warranting departure |
| Substantive reasonableness of sentence | Bottom-of-range sentence is excessive compared to some co-conspirators and failed to weigh § 3553(a) factors meaningfully | Sentence is within properly calculated GSR; court considered § 3553(a) factors and gave a plausible explanation | Sentence affirmed as substantively reasonable and within the universe of acceptable outcomes |
Key Cases Cited
- United States v. Cintrón–Echautegui, 604 F.3d 1 (1st Cir.) (general sentencing factual sources and pleading context)
- United States v. Ocasio-Cancel, 727 F.3d 85 (1st Cir.) (timely PSR objections and treatment of unobjected facts)
- United States v. Zuleta-Álvarez, 922 F.2d 33 (1st Cir.) (reliability requirement for sentencing information)
- United States v. Geer, 923 F.2d 892 (1st Cir.) (district court discretion on relevance and reliability at sentencing)
- United States v. Trinidad-Acosta, 773 F.3d 298 (1st Cir.) (standards for minor-role adjustment under § 3B1.2)
- United States v. Santos, 357 F.3d 136 (1st Cir.) (defining minor/lesser culpability standards)
- United States v. Amparo, 961 F.2d 288 (1st Cir.) (duress at sentencing: lesser showing than trial defense)
- United States v. Sachdev, 279 F.3d 25 (1st Cir.) (burden and objective/subjective elements for duress departure)
- United States v. Espinal-Almeida, 699 F.3d 588 (1st Cir.) (reasonableness of within-Guidelines sentence at bottom of range)
- United States v. Dávila-González, 595 F.3d 42 (1st Cir.) (district court's § 3553(a) weighing and disparity principles)