USA v Angelica Mendoza-RubioUSA v Angelica Mendoza-Rubio
Before BRENNAN, Chief Judge, and JACKSON-AKIWUMI and MALDONADO, Circuit Judges.
MALDONADO, Circuit Judge. Defendant Angelica Mendoza Rubio pleaded guilty to conspiracy to commit money laundering, in violation of
I
Between December 2020 and April 2021, Mendoza Rubio, a licensed accountant in Mexico, participated in a conspiracy to launder more than $5.1 million in fraud proceeds. Mendoza Rubio acted as a broker, laundering money for other criminals by converting U.S. cash to Bitcoin in exchange for a fee.
The conspiracy was layered and complex. A coconspirator, Sinval De Oliveira, acted as a bulk cash carrier. He traveled to pick up cash fraud proceeds and sent confirmation of the pickup to Mendoza Rubio, who notified the laundering client. Another coconspirator, Carlos Batista De Oliveira Neto, then told De Oliveira where to deposit the cash. Neto controlled the deposit accounts, though he paid other individuals to hold the accounts in their names to hide them. De Oliveira tracked deposits with a ledger, which he would send to Mendoza Rubio. Once the money was deposited, Neto transferred the funds to a second account. Mendoza Rubio then directed Neto when and how much Bitcoin to purchase and provided the client‘s Bitcoin wallet address for deposit.
The money laundering network was discovered when authorities investigated the theft of cash from a Wisconsin business. Mendoza Rubio pleaded guilty to a superseding indictment charging her with conspiracy to commit money laundering, in violation of
In the first iteration of the presentence report (“PSR“), the total offense level calculation did not include a role enhancement for acting as a manager or supervisor in a criminal scheme pursuant to United States Sentencing Guidelines (“the Guidelines“)
At the sentencing hearing, the district court agreed that the
Mendoza Rubio appeals, arguing that she did not qualify for any role enhancement and that the district court failed to consider unwarranted sentencing disparities between her and her coconspirators, in violation of
II
A
We review the district court‘s findings of fact for clear error and whether those facts support a role enhancement de novo. United States v. Melega, 173 F.4th 907, 911 (7th Cir. 2026).
The Guidelines do not define “manager” or “supervisor,” but the accompanying commentary provides factors to help courts distinguish between a leader/organizer (which would result in a greater enhancement) and a manager/supervisor:
the exercise of decision-making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.
Instead, the critical question is whether “the defendant exercised some control over others involved in the crime or was responsible for organizing others in carrying out the operation.” Colon, 919 F.3d at 518 (citing United States v. Brown, 944 F.2d 1377, 1381 (7th Cir. 1991)). In applying a
The district court here did not clearly err in applying the three-level manager/supervisor enhancement. The record supports that Mendoza Rubio played an active and critical managerial role in the scheme. Though Mendoza Rubio claims she had no real control over her coconspirators, control need not include “the power to dictate [others‘] actions.” United States v. Young, 590 F.3d 467, 472 (7th Cir. 2009). It is enough to “[o]rchestrat[e] or coordinat[e] activities performed by others, or delegat[e] tasks such as delivery or pay-
Mendoza Rubio argues that the district court erroneously conflated the importance of her role in the scheme‘s success with whether she had a greater degree of responsibility. But the court‘s discussion of Mendoza Rubio‘s “crucial” role was tethered to the coordination and direction she provided by “manag[ing] both sides,” “creat[ing] the anonymity” for her clients, and acting as “the ultimate person who received the materials.” Although the importance of a defendant‘s role to the success of a scheme is not a factor set forth in the Guidelines’ commentary, it was not clearly erroneous for the district court to find that Mendoza Rubio‘s contributions to the scheme‘s success were intertwined with her significant level of responsibility.
Ultimately, the record shows that Mendoza Rubio exercised enough control and influence over her coconspirators to
B
We review de novo whether a sentencing court procedurally erred by failing to consider the
A sentencing court must consider “the need to avoid unwarranted sentence disparities” between similarly situated defendants, which can include codefendants and coconspirators.
That said, even absent procedural error, we remain “open in all cases to an argument that a defendant‘s sentence is unreasonable because of a disparity with the sentence of a codefendant.” United States v. Statham, 581 F.3d 548, 556 (7th Cir. 2009). Mendoza Rubio argues that her sentence was disproportionate considering her role, responsibility, and financial gain in the conspiracy as compared to her coconspirators. De Oliveira, the cash carrier, received the same term of imprisonment as Mendoza Rubio—60 months—from the same district judge. See United States v. Sinval De Oliveira, No. 3:21-cr-81-wmc-3 (W.D. Wis. June 10, 2022), aff‘d No. 22-2102, 2023 WL 2572216 (7th Cir. Mar. 20, 2023). Neto, who operated the bank accounts, was sentenced to eight months’ imprisonment, running concurrently with sentences in other unrelated cases. See United States v. Batista De Oliveira Neto, 1:22-cr-20602-RNS (S.D. Fla. May 21, 2024). Other individuals who helped transport money were sentenced to 30 months’ imprisonment and time served. See United States v. Mario Amezcua-Cardenas, 3:21-cr-81-wmc-1 (W.D. Wis. May 19, 2022); United States v. Moises Amezcua-Cardenas, 3:21-cr-81-wmc-2 (W.D. Wis. June 21, 2022). And one of the nominal account holders was sentenced to time served. See United States v. Denise Webley, 3:23-cr-125-wmc-1 (W.D. Wis. Sept. 5, 2025).
While Mendoza Rubio‘s sentence is on the higher end of the group, it is reasonable. For one, her argument to the contrary has less “force” because the court did not “depart[] from a correctly calculated Guidelines range,” Statham, 581 F.3d at 556, but rather sentenced her within a presumptively reasonable below-guidelines range, see Pulley, 601 F.3d at 668; see also United States v. Trudeau, 812 F.3d 578, 594 (7th Cir. 2016) (“A below-guidelines sentence will almost never be unreasonable.“). Further, as the district court noted, Mendoza Rubio‘s
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The judgment of the district court is AFFIRMED.