United States v. Yesi Hernandez Sandoval
2014 U.S. App. LEXIS 5844
7th Cir.2014Background
- Sandoval pleaded guilty to attempting to possess 20 kilograms of cocaine and received a sentence of 140 months after appeal.
- The district court imposed an obstruction of justice enhancement, denied credit for acceptance of responsibility, and refused safety-valve relief from the mandatory minimum.
- Sandoval lied about his identity (the Payan alias) at arrest and throughout proceedings, which led to later bond revocation.
- A safety-valve interview occurred before trial, where Sandoval provided limited, often implausible, information.
- The district court’s calculations yielded a guidelines range of 188–235 months (with safety valve denied) versus 97–121 months if the enhancements were not applied; Sandoval was sentenced under the higher range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether obstruction of justice enhancement was proper | Sandoval argues the alias did not hamper prosecution; Note 5(A) should apply | Government contends material deception about identity justified enhancement | Obstruction enhancement affirmed; deception about identity is material and disturbed proceedings. |
| Whether credit for acceptance of responsibility was properly denied | Sandoval seeks credit due to guilty plea and some cooperation | Government argues deception and lack of truthful disclosure prevent credit | Credit denied; district court did not err in refusing acceptance of responsibility. |
| Whether safety-valve relief from the statutory minimum was properly denied | Sandoval asserts extraordinary acceptance of responsibility and truthful conduct | Government contends safety-valve requires truthful disclosure and full cooperation | Safety valve relief denied; Sandoval failed to provide truthful, complete information. |
Key Cases Cited
- United States v. Bedolla-Zavala, 611 F.3d 392 (7th Cir. 2010) (false identity can be material to detention and obstruction)
- United States v. Acevedo-Fitz, 739 F.3d 967 (7th Cir. 2014) (burden to prove full and honest disclosure for safety valve)
- United States v. Montes, 381 F.3d 631 (7th Cir. 2004) (application of safety-valve requires truthful information)
- United States v. Chapman, 694 F.3d 908 (7th Cir. 2012) (procedural requirements for sentencing guideline calculations)
- United States v. Harris, 718 F.3d 698 (7th Cir. 2013) (standard of review for guideline interpretations and factual findings)