United States v. Valarezo-Orobio
635 F.3d 1261
| 11th Cir. | 2011Background
- Valarezo-Orobio and Palomino-Moreno were crewmembers on a 35-foot SPSS apprehended near Malpelo Island, Colombia.
- The SPSS sailed from Colombia to Ecuador to pick up cargo, with Valarezo paid to participate and claimed it was his first SPSS trip.
- Coast Guard recovered the sunk SPSS after the crew abandoned ship when a patrol helicopter was sighted.
- Valarezo and Palomino-Moreno were charged in a two-count indictment with conspiracy and substantive DTVIA violations (18 U.S.C. § 2285).
- Valarezo and Palomino pled guilty without a plea agreement; Valarezo challenged the statute’s constitutionality and challenged an 8-level enhancement at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 2285 | Section 2285 exceeds piracy powers, is vague, and shifts burden without due process. | Valarezo and Palomino challenge the statute on multiple grounds, including vagueness and due process concerns. | Constitutionality affirmed; challenges resolved in government’s favor per controlling precedents. |
| Eight-level enhancement for sinking the vessel under § 2X7.2(b)(1)(C) | The sinking was not reasonably foreseeable to Valarezo; he did not participate in sinking. | Sinking was reasonably foreseeable; Valarezo participated and the act falls within the enhancement. | Application of the eight-level enhancement affirmed; sinking reasonably foreseeable. |
Key Cases Cited
- United States v. Spoerke, 568 F.3d 1236 (11th Cir. 2009) (statutory challenges reviewed de novo)
- United States v. Zaldivar, 615 F.3d 1346 (11th Cir. 2010) (guideline interpretation and standards of review)
- United States v. De La Cruz Suarez, 601 F.3d 1202 (11th Cir. 2010) (preference for reviewing factual findings under clear error)