United States v. Raul Topete , 361 F. App'x 78 ( 2010 )


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  •                                                         [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FILED
    FOR THE ELEVENTH CIRCUIT   U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    ________________________       JAN 14, 2010
    JOHN LEY
    ACTING CLERK
    No. 08-16249
    Non-Argument Calendar
    ________________________
    D. C. Docket No. 05-00257-CR-3-SLB-HGD
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RAUL TOPETE,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Alabama
    ________________________
    (January 14, 2010)
    Before CARNES, PRYOR and ANDERSON, Circuit Judges.
    PER CURIAM:
    Raul Topete appeals his convictions and 324 month total sentence for
    conspiracy to distribute and possess with intent to distribute controlled substances,
    in violation of 
    21 U.S.C. §§ 841
    (a)(1) and (b)(1)(A), and 846, and money
    laundering, in violation of 
    18 U.S.C. § 1956
    (a)(1)(A)(i).
    I.
    In January 2004 the Houston Police Department intercepted a Federal
    Express package addressed to a house in Florence, Alabama containing
    approximately three kilograms of cocaine. The Houston Police Department
    notified the Drug Enforcement Administration. Agent Gasbarro, the DEA agent
    assigned to investigate the matter, planted a monitoring device in the package,
    removed the cocaine, replaced it with sugar, and then delivered the package to the
    house in Florence. The monitoring device failed, but the controlled delivery was a
    success. The DEA arrested the owner of the house and the person who signed for
    the package.
    The intercepted cocaine was part of a large conspiracy to distribute
    marijuana and cocaine in North Alabama. In August 2005 a grand jury returned a
    superseding indictment charging Raul Topete and 20 co-defendants with
    conspiracy to possess with the intent to distribute cocaine and marijuana.
    According to the superseding indictment, the conspiracy began in January 1999
    2
    and continued through June 2005. Topete, along with Connie Garth, was also
    charged with money laundering.
    After a jury trial, Topete was convicted of both charges. The district court
    sentenced him to concurrent prison terms of 324 months for the conspiracy
    conviction and 240 months for the money laundering conviction. Topete now
    challenges his convictions and sentence.
    II.
    Topete contends that the government failed to present sufficient evidence
    that he was a member of the conspiracy that was charged in the superseding
    indictment. He argues that the evidence only established that he was in a buyer-
    seller relationship with Connie Garth. He asserts that he had no knowledge of or
    interaction with the other members of the conspiracy.
    “We review the sufficiency of the evidence de novo, viewing the evidence in
    the light most favorable to the government.” United States v. Garcia, 
    405 F.3d 1260
    , 1269 (11th Cir. 2005) (citation omitted). We also make all reasonable
    inferences and credibility choices in favor of the government and the jury’s verdict.
    
    Id.
     We must affirm “unless, under no reasonable construction of the evidence,
    could the jury have found the [defendant] guilty beyond a reasonable doubt.” 
    Id.
    “The evidence need not exclude every hypothesis of innocence or be completely
    3
    inconsistent with every conclusion other than guilt because a jury may select
    among constructions of the evidence.” United States v. Bailey, 
    123 F.3d 1381
    ,
    1391 (11th Cir. 1997).
    To obtain a conspiracy conviction under 
    21 U.S.C. § 846
    , “the government
    must prove that there is an agreement by two or more persons to violate the
    narcotics laws.” United States v. Parrado, 
    911 F.2d 1567
    , 1570 (11th Cir. 1990).
    Thus, “the government must prove beyond a reasonable doubt that: (1) a
    conspiracy existed; (2) [the defendant] knew of the essential objectives of the
    conspiracy; and (3) [the defendant] knowingly and voluntarily participated in the
    conspiracy.” United States v. Calderon, 
    127 F.3d 1314
    , 1326 (11th Cir. 1997)
    (“Calderon I”), modified on other grounds by United States v. Toler, 
    144 F.3d 1423
    , 1427 (11th Cir. 1998). “[O]nce the government establishes the existence of
    the underlying conspiracy, it only needs to come forward with slight evidence to
    connect a particular defendant to the conspiracy.” 
    Id.
     (alteration omitted). The
    government does not need to prove that the defendant knew of all the details or
    participated in every aspect of the conspiracy, United States v. Miranda, 
    425 F.3d 953
    , 959 (11th Cir. 2005), nor must it show that each conspirator was aware of his
    co-conspirators’ existence or activities, United States v. Edouard, 
    485 F.3d 1324
    ,
    1347 (11th Cir. 2007). “While the existence of a simple buyer-seller relationship
    4
    alone does not furnish the requisite evidence of a conspiratorial agreement, an
    agreement to distribute drugs may be inferred when the evidence shows a
    continuing relationship that results in the repeated transfer of illegal drugs to a
    purchaser.” United States v. Thompson, 
    422 F.3d 1285
    , 1292 (11th Cir. 2005)
    (quotations, citation, and alteration omitted).
    Topete contends that the evidence introduced at trial only showed that he
    was in a buyer-seller relationship with Connie Garth. We disagree. The evidence
    showed more than “mere isolated sales” between Topete and Garth. See United
    States v. Burroughs, 
    830 F.2d 1574
    , 1581 (11th Cir. 1987); cf. (noting that
    “[w]here the buyer’s purpose is merely to buy, the seller’s purpose is merely to
    sell, and no prior or contemporaneous understanding exists between the two
    beyond the sales agreement, no conspiracy has been shown”); United States v.
    Mercer, 
    165 F.3d 1331
    , 1335 (11th Cir. 1999) (A buy-sell transaction is an
    “agreement to exchange drugs for money.”). Garth testified that he purchased
    large quantities of marijuana and cocaine from Topete on multiple occasions over a
    period of several years. Garth also testified that Topete sold him the drugs on a
    “fronted” basis. See United States v. Torres, 
    53 F.3d 1129
    , 1133 n.1 (10th Cir.
    1995) (“Fronting” refers to “when a seller of drugs gives the drugs to a buyer on
    credit with the understanding that when the buyer resells the drugs to the
    5
    customers, the proceeds of those sales are to be used to pay the supplier.”). Thus,
    Topete had an interest in the drugs beyond their sale to Garth. He had to wait for
    Garth to distribute the drugs to receive payment. See Burroughs, 
    830 F.2d at 1581
    .
    Jason Moore also testified that Topete told him that he was “using Connie [Garth]
    in North Alabama to distribute the majority of the marijuana loads . . . that he was
    getting.” Viewing the evidence in the light most favorable to the jury’s verdict, a
    reasonable jury could have found that Topete conspired with Garth to distribute
    drugs in North Alabama. Although Topete contends otherwise, the government
    was not required to prove that he knew all the details of the conspiracy, see
    Miranda, 
    425 F.3d at 959
    , or all its members. See Edouard, 
    485 F.3d at 1347
    .
    Topete also maintains that the government’s evidence established that he
    was involved in conspiracies with Jason Moore and Garth distinct from the
    conspiracy charged in the superseding indictment. He contends that there was a
    material variance between the government’s proof at trial and the conspiracy
    charged in the superseding indictment. “The standard of review for whether there
    is a material variance between the allegations in the indictment and the facts
    established at trial is twofold: first, whether a material variance did occur, and,
    second, whether the defendant suffered substantial prejudice as a result.” United
    States v. Chastain, 
    198 F.3d 1338
    , 1349 (11th Cir. 1999).
    6
    “A material variance between an indictment and the government’s proof at
    trial occurs if the government proves multiple conspiracies under an indictment
    alleging only a single conspiracy.” United States v. Alred, 
    144 F.3d 1405
    , 1414
    (11th Cir. 1998) (internal quotation marks omitted). Because it is the jury’s
    function to determine whether the evidence establishes a single conspiracy, the
    conceivable existence of multiple conspiracies will not constitute a material
    variance if a reasonable trier of fact could have found the existence of a single
    conspiracy beyond a reasonable doubt. 
    Id.
     “If a defendant’s actions facilitated the
    endeavors of other co[-]conspirators or facilitated the venture as a whole, then a
    single conspiracy is shown.” United States v. Chandler, 
    388 F.3d 796
    , 811
    (quotation, alteration, and emphasis omitted).
    In addition to his dealings with Garth, Topete also sold marijuana to Moore.
    Moore testified that he purchased marijuana from Topete on at least 10 occasions
    between 1998 and 2000. Moore was not one of the defendants charged in the
    superseding indictment. However, even if Moore’s testimony established that
    Topete was involved in a conspiracy with Moore distinct from the conspiracy
    charged in the superseding indictment, Topete’s separate conspiracy argument with
    respect to Garth is without merit. Garth testified that Topete sold him marijuana
    from 1999 to 2001 and cocaine from 2001 to 2004 on a fronted basis. He also
    7
    testified that he would sell the drugs to Topete’s co-defendants and then pay
    Topete. Based on that testimony, a reasonable jury could have found that Topete
    was involved in a single conspiracy with Garth and the other individuals charged in
    the superseding indictment. See Calderon I, 
    127 F.3d at 1327
    . The common goal
    of the conspiracy was to distribute marijuana and cocaine in Alabama. See 
    id.
    Topete, a supplier, distributed drugs to Garth who in turn distributed them to his
    co-defendants. The co-conspirators were dependent on each other. Topete, as a
    supplier, depended on Garth, as a middleman. Garth depended on his various
    buyers. See Chandler, 388 F.3d at 811 (noting that “to prove a single, unified
    conspiracy as opposed to a series of smaller, uncoordinated conspiracies, the
    government must show an interdependence among the alleged co-conspirators”).
    Because a reasonable jury could have found that Topete was involved in a single
    conspiracy to distribute drugs, we affirm his conviction for conspiracy to possess
    with intent to distribute controlled substances.
    III.
    Topete also contends that the district court erred by denying his motion for
    judgment of acquittal on the promotional money laundering charge. He asserts that
    the evidence introduced at trial established that he fronted drugs to Garth and that
    the payments made by Garth to him were for those fronted drugs. Topete contends
    8
    that the payment of money by a drug dealer to a drug supplier for fronted drugs
    does not constitute money laundering within the meaning of 
    18 U.S.C. § 1956
    (a)(1)(A)(i).
    Section 1956(a)(1)(A)(i) provides:
    Whoever, knowing that the property involved in a financial
    transaction represents the proceeds of some form of unlawful activity,
    conducts or attempts to conduct such a financial transaction which in
    fact involves the proceeds of specified unlawful activity . . . with the
    intent to promote the carrying on of specified unlawful activity . . .
    shall be sentenced to a fine of not more than $500,000 or twice the
    value of the property involved in the transaction, whichever is greater,
    or imprisonment for not more than twenty years, or both . . . .
    
    18 U.S.C. § 1956
    (a)(1)(A)(i). To obtain a conviction under
    § 1956(a)(1)(A)(i) the government must prove beyond a reasonable doubt that:
    (1) the defendant conducted or attempted to conduct a financial
    transaction; (2) the defendant knew the property involved in the
    transaction represented the proceeds of unlawful activity; (3) the
    property involved was in fact the proceeds of the specified unlawful
    activity; and (4) the defendant conducted the financial transaction
    ‘with the intent to promote the carrying on of [the] specified unlawful
    activity.’
    United States v. Calderon, 
    169 F.3d 718
    , 721 (11th Cir. 1999) (“Calderon II”)
    (citing 
    18 U.S.C. § 1956
    (a)(1)(A)(i)). The “gravamen” of a § 1956(a)(1)(A)(i)
    violation is the fourth element: that the defendant conducted the financial
    transaction with the intent to promote the carrying on of the specified unlawful
    activity. See United States v. Caricone, 
    272 F.3d 1297
    , 1303 (11th Cir. 2001).
    9
    Topete contends that a drug dealer’s payment of money to a drug supplier for
    fronted drugs does not satisfy § 1956(a)(1)(A)(i)’s promotion requirement.
    We have not addressed whether the payment of money for fronted drugs
    satisfies the promotion requirement of § 1956(a)(1)(A)(i). Other court of appeals
    addressing this issue have reached conflicting conclusions. Compare United
    States v. King, 
    169 F.3d 1035
    , 1039 (6th Cir. 1999) (affirming conviction based on
    evidence that defendant wired money more than once to drug couriers in payment
    for fronted drugs and stating that “[p]ayment for drugs may constitute ‘promotion’
    for the purposes of [§ 1956(a)(1)(A)(i)] when such payment encourages further
    drug transactions.”); United States v. Baker, 
    63 F.3d 1478
    , 1494 (9th Cir. 1995)
    (affirming conviction based on evidence that the defendant made payments to
    suppliers of contraband cigarettes, reasoning that the payments promoted his illegal
    trafficking because the trafficking could not have continued without them); United
    States v. Skinner, 
    946 F.2d 176
    , 177–78 (2d Cir. 1991) (affirming drug dealer and
    drug supplier’s money laundering conviction based on evidence that drug dealer
    made payments to drug supplier for fronted drugs); United States v. Thorn, 
    317 F.3d 107
    , 132 (2d Cir. 2003) (noting that § 1956(a)(1)(A)(i) covered the conduct in
    Skinner “even though any promotion of the drug trafficking was de minimis,
    because the transactions in reality represented only the completion of the sale.”)
    10
    (internal quotation marks omitted); with United States v. Dovalina, 
    262 F.3d 472
    ,
    475–76 (5th Cir. 2001) (rejecting the government’s argument that a fronting
    arrangement between a drug supplier and drug dealer itself constituted promotion
    money laundering because if the drug dealer did not pay the drug supplier, the drug
    dealer would stop receiving drug shipments); United States v. Heaps, 
    39 F.3d 479
    ,
    485 (4th Cir. 1994) (reversing a conviction for money laundering and noting that
    “[w]ere the payment for drugs itself held to be a transaction that promoted the
    unlawful activity of that same transaction virtually every sale of drugs would be an
    automatic money laundering violation as soon as money changed hands”),
    abrogated on other grounds by United States v. Cabrales, 
    524 U.S. 1
    , 5–6, 
    118 S. Ct. 1772
    , 1775–76 (1998), as recognized in United States v. Villarini, 
    238 F.3d 530
    , 534–35 (4th Cir. 2001).
    We do not need to decide whether the fronting of drugs to a buyer by a seller
    constitutes promotion money laundering under § 1956(a)(1)(A)(i). The evidence
    introduced at trial established more than that Topete gave drugs to Garth and that
    Garth paid for the drugs after selling them. Garth testified that he paid Topete
    money every month in 2002 for fronted drugs. He also testified that Topete told
    him, “when you get a certain amount [of money], you just get it onto me, and I can
    just go on and send off for some more [drugs].” Thus, the government introduced
    11
    evidence establishing that Topete used the payments from Garth to buy more
    drugs. That evidence was sufficient proof of promotion money laundering. Cf.
    Dovalina, 
    262 F.3d at 476
     (noting that the government failed to present evidence
    establishing that the drug supplier used the drug dealer’s payments to buy more
    marijuana and stating that “the [g]overment was required to prove that [the drug
    supplier] used at least part of the proceeds in a subsequent financial transaction
    with the intent to promote unlawful activity”); Heaps, 
    39 F.3d at 486
     (observing
    that the evidence only showed that the defendant put the money he received for the
    fronted drugs in a box in his house and stating that “[t]here was no evidence that
    the money acquired through the payment was itself used to promote an unlawful
    activity”); see Torres, 
    53 F.3d at
    1137 n.6 (testimony that defendant used the
    proceeds of the wire transfer to buy more drugs that would later be resold satisfied
    the promotion element of § 1956(a)(1)(A)(i)). Viewing the evidence in the light
    most favorable to the jury verdict, we conclude that the jury could have found
    beyond a reasonable doubt that Topete used the proceeds of the transactions with
    Garth to promote additional drug sales. Accordingly, we affirm his money
    laundering conviction.
    IV.
    Topete also challenges the district court’s jury instruction regarding multiple
    12
    conspiracies. He contends that the district court’s jury instruction on multiple
    conspiracies mischaracterized the law, misled the jury, and did not adequately
    inform the jury that “if they found multiple conspiracies separate and distinct from
    the conspiracy charged in the indictment, then they would have to determine which
    conspiracy [Topete] was involved with and acquit him if it was not the one charged
    in Count [1].”
    “We review the district court’s refusal to give a defendant’s requested jury
    instructions for an abuse of discretion.” United States v. Schlei, 
    122 F.3d 944
    , 969
    (11th Cir. 1997). “We will find reversible error only if (1) the requested jury
    instruction correctly stated the law; (2) the actual charge to the jury did not
    substantially cover the proposed instruction; and (3) the failure to give the
    instruction substantially impaired the defendant’s ability to present an effective
    defense.” United States v. Richardson, 
    532 F.3d 1279
    , 1289 (11th Cir. 2008)
    (internal quotation marks omitted). We review de novo whether the district court’s
    jury instruction mischaracterized the law or misled the jury to the prejudice of the
    defendant. United States v. Gray, 
    367 F.3d 1263
    , 1271 (11th Cir. 2004).
    The district court’s jury instruction regarding multiple conspiracies was
    proper. It was identical to the Eleventh Circuit Pattern Jury Instruction. See
    Eleventh Circuit Pattern Jury Instructions (Criminal) 13.3; Richardson, 
    532 F.3d at
    13
    1290 (quoting the Eleventh Circuit Pattern Jury Instruction for multiple
    conspiracies). The instruction given by the district court was an accurate statement
    of the law and adequately informed the jury that Topete could only be convicted if
    he was a member of the conspiracy charged in the superseding indictment.
    Accordingly, no error occurred.
    V.
    Finally, Topete contends that his 324-month total sentence was
    unreasonable. “We review sentencing decisions only for abuse of discretion, and
    we use a two-step process.” United States v. Shaw, 
    560 F.3d 1230
    , 1237 (11th Cir.
    2009). First, we must “ ‘ensure that the district court committed no significant
    procedural error, such as failing to calculate (or improperly calculating) the
    Guidelines range, treating the Guidelines as mandatory, failing to consider the §
    3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to
    adequately explain the chosen sentence—including an explanation for any
    deviation from the Guidelines range.’ ” Id. (quoting Gall v. United States, 
    552 U.S. 38
    , __, 
    128 S. Ct. 586
    , 597 (2007)). If we find the sentence to be procedurally
    sound, the second step is to review the “substantive reasonableness” of the
    sentence, taking into account the totality of the circumstances, “including the
    extent of any variance from the Guidelines range.” Gall, 552 U.S. at __, 
    128 S. Ct. 14
    at 597. If the district court’s sentence is within the guidelines range, we expect that
    the sentence is reasonable. See United States v. Talley, 
    431 F.3d 784
    , 788 (11th
    Cir. 2005) (“After Booker, our ordinary expectation [of reasonableness] still has to
    be measured against the record, and the party who challenges the sentence bears
    the burden of establishing that the sentence is unreasonable in the light of both that
    record and the factors in section 3553(a).”); see also United States v. Hunt, 
    526 F.3d 739
    , 746 (11th Cir. 2008) (“Although we do not automatically presume a
    sentence within the guidelines range is reasonable, we ‘ordinarily . . . expect a
    sentence within the Guidelines range to be reasonable.’” (quoting Talley, 
    431 F.3d at 788
    )).
    When deciding upon a sentence, the district court must evaluate all of the §
    3553(a) factors, Gall, 552 U.S. at __, 
    128 S. Ct. at 596
    , but it is allowed to attach
    “great weight” to one factor over others. Id. at 600; Shaw, 
    560 F.3d at 1237
    . In
    evaluating the factors, the district court is “to consider every convicted person as
    an individual and every case as a unique study in the human failings that
    sometimes mitigate, sometimes magnify, the crime and the punishment to ensue.”
    Gall, 552 U.S. at __, 
    128 S. Ct. at 598
     (internal quotation marks omitted). We give
    the district court’s sentencing decision “due deference,” 
    id.
     at __, 
    128 S. Ct. at 597
    ,
    because “[t]he sentencing judge is in a superior position to find facts and judge
    15
    their import under § 3553(a) in the individual case. The judge sees and hears the
    evidence, makes credibility determinations, has full knowledge of the facts and
    gains insight not conveyed by the record.” Id. (internal quotation marks omitted).
    Moreover, district courts have an “institutional advantage” in making sentencing
    determinations because “they see so many more Guidelines sentences than
    appellate courts do.” Id. at __, 
    128 S. Ct. at 598
     (internal quotation marks
    omitted).
    The first review is for procedural error in the sentencing. See Shaw, 
    560 F.3d at 1237
    . Topete does not contend that the district court incorrectly calculated
    the sentencing guidelines or treated them as mandatory. Instead, he argues that the
    district court failed to consider all the § 3553(a) factors and instead erroneously
    focused only on §3553(a)(2), which includes the need for the sentence imposed to
    afford adequate deterrence to criminal conduct and to protect the public from
    further crimes of the defendant. We disagree. The district court discussed several
    of the § 3553(a) factors on the record and expressly acknowledged considering
    them when imposing its sentence. That acknowledgment “alone is sufficient in
    post-Booker sentences.” United States v. Scott, 
    426 F.3d 1324
    , 1330 (11th Cir.
    2005).
    Topete also asserts that a procedural error occurred because the district court
    16
    did not adequately explain its sentence. Given that Topete had no prior criminal
    history, he contends that the district court was required to offer compelling reasons
    for sentencing him to a term of imprisonment of 324 months, a sentence at the low-
    end of the advisory guidelines range.1 Topete’s argument is without merit. The
    district court explained that it was imposing a sentence within the advisory
    guidelines range because of the large quantity of drugs that he had been supplying.
    Agent Gasbarro, a DEA agent with over two decades of experience, testified that
    Topete was one of the three largest drug suppliers that he had ever investigated.
    The district court used Agent Gasbarro’s testimony as a reference point for
    understanding the quantity of drugs Topete had been supplying and explained that
    a 324 month sentence was reasonable in light of that large volume. The district
    court also explained that it was sentencing Topete at the low end of the advisory
    guidelines range because of his lack of prior criminal history. The district court’s
    explanation was sufficient and no procedural error occurred. See United States v.
    1
    Topete was convicted of conspiracy to distribute and possess with intent to distribute
    controlled substances (count 1) and money laundering (count 8). Under the sentencing
    guidelines, those offenses are grouped for purposes of determining a defendant’s advisory
    guidelines range. Based on the quantity of drugs attributed to him, Topete’s base offense level
    was 38. He received a 3 point increase because he was a manager or supervisor, resulting in a
    total offense level of 41. Because he had no prior criminal history, he was placed in a criminal
    history category of I. With a total offense level of 41 and a criminal history category of I,
    Topete’s advisory guidelines range was 324 to 405 months. He was sentenced to 324 months
    imprisonment for the conspiracy conviction and 240 months for the money laundering
    conviction, the sentences to be served concurrently.
    17
    Bonilla, 
    463 F.3d 1176
    , 1182 (11th Cir. 2006) (noting that Booker and our prior
    precedent do not require a district court “to articulate its consideration of each
    individual § 3553(a) factor” when explaining its sentence).
    Because Topete’s sentence was “procedurally sound,” Shaw, 
    560 F.3d at 1237
    , we next review the substantive reasonableness of his sentence. He contends
    that his sentence is substantively unreasonable because the district court gave too
    much weight to Agent Gasbarro’s testimony that Topete was one of the three
    largest drug suppliers that Gasbarro had ever investigated. Gasbarro’s testimony
    concerning the quantity of drugs Topete was supplying involved the “the nature
    and circumstances of the offense.” See § 3553(a)(1). The fact that the district
    court attached a great deal of weight to Gasbarro’s testimony does not mean that
    the sentence, which was at the low end of the guidelines range, was unreasonable.
    See United States v. Williams, 
    526 F.3d 1312
    , 1322 (11th Cir. 2008) (“A district
    court’s unjustified reliance on a single § 3553(a) factor may be a ‘symptom’ of an
    unreasonable sentence. However, such a sentence is not necessarily
    unreasonable.”) (internal citations omitted). “Indeed, the weight to be accorded
    any given § 3553(a) factor is a matter committed to the sound discretion of the
    district court.” Id. (internal quotation marks and alteration omitted).
    It is clear from the sentencing transcript that the district court considered
    18
    other § 3553(a) factors and took great care to select a sentence that was reasonable.
    The district court stressed that it was trying to determine what constituted a
    reasonable sentence in Topete’s case, stating “I’m trying to find what is a
    reasonable sentence.” After listening to the parties’ arguments, speaking with a
    probation officer, and listening to Agent Gasbarro’s testimony, the district court
    concluded that a 324 month sentence was reasonable. In light of the large volume
    of drugs involved, we cannot say the district court’s decision to sentence Topete at
    the lowest end of the advisory guidelines range was unreasonable.
    AFFIRMED.
    19
    

Document Info

Docket Number: 08-16249

Citation Numbers: 361 F. App'x 78

Judges: Anderson, Carnes, Per Curiam, Pryor

Filed Date: 1/14/2010

Precedential Status: Non-Precedential

Modified Date: 8/2/2023

Authorities (32)

United States v. Raymond Torres, Joseph S. Aflleje, and ... , 53 F.3d 1129 ( 1995 )

United States v. Bailey , 123 F.3d 1381 ( 1997 )

United States v. Elizabeth Marie Morse Thompson , 422 F.3d 1285 ( 2005 )

United States v. Hunt , 526 F.3d 739 ( 2008 )

United States v. John Kevin Talley , 431 F.3d 784 ( 2005 )

United States v. Mercer , 165 F.3d 1331 ( 1999 )

United States v. Kevin Wayne Gray , 367 F.3d 1263 ( 2004 )

United States v. David William Scott , 426 F.3d 1324 ( 2005 )

United States v. Calderon , 169 F.3d 718 ( 1999 )

United States v. Shaw , 560 F.3d 1230 ( 2009 )

United States v. Williams , 526 F.3d 1312 ( 2008 )

United States v. Alred , 144 F.3d 1405 ( 1998 )

United States v. Alberto Calderon , 127 F.3d 1314 ( 1997 )

United States v. Chastain , 198 F.3d 1338 ( 1999 )

United States v. Adan Gil Miranda , 425 F.3d 953 ( 2005 )

United States v. Alphonso Galloway Burroughs, Clifton ... , 830 F.2d 1574 ( 1987 )

United States v. Manuel Parrado and Elfobaldo Rodriguez , 911 F.2d 1567 ( 1990 )

United States v. Anthony Carcione , 272 F.3d 1297 ( 2001 )

United States v. Richardson , 532 F.3d 1279 ( 2008 )

United States v. Schlei , 122 F.3d 944 ( 1997 )

View All Authorities »