United States v. Ruperto Arturo Roldan Torres , 221 F. App'x 967 ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APR 16, 2007
No. 06-12037 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 03-20802-CR-JAL
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUPERTO ARTURO ROLDAN TORRES,
a.k.a. El Loco,
a.k.a. Beto,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(April 16, 2007)
Before BLACK, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Ruperto Arturo Roldan Torres appeals his sentence following his plea of
guilty to conspiracy to import and attempt to import cocaine, 21 U.S.C. §§ 952(a),
960(b)(1)(B), 963, and conspiracy to possess with intent to distribute cocaine, id.§§ 841(b)(1)(A)(ii), 846. Torres argues for the first time on appeal that the
government breached the plea agreement by recommending an enhancement based
on Torres’s role as captain of a go-fast boat. We disagree. The plea agreement
states that the government would recommend that “the defendant should not
receive an adjustment for role in the offense pursuant to Section 3B1.1 or 3B1.2"
of the Guidelines, but the government never recommended an enhancement under
either sections 3B1.1 or 3B1.2, and Torres’s sentence was not enhanced under
either of these sections. The district court increased Torres’s base offense level
under section 2D1.1(b)(2)(B), which requires a 2-level increase for one who “acted
as a pilot, copilot, captain, navigator, flight officer, or any other operation officer
aboard any craft or vessel carrying a controlled substance.” Torres admitted that
he was captain of the go-fast boat. Torres’s sentence is
AFFIRMED.
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