Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 14-4880
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:12-cr-00316-FDW-DSC-2)
Submitted:
Decided:
November 6, 2015
PER CURIAM:
A
jury
distribute
kilograms
convicted
and
or
detectable
to
more
amount
Jorge
Molina-Sanchez
possess
of
of
with
mixture
cocaine
and
intent
of
to
conspiracy
distribute
and
substance
one
kilogram
five
containing
or
more
to
of
a
a
substance
containing
detectable
amount
of
cocaine,
in
of,
drug
trafficking
crimes,
several
challenges
to
his
in
violation
of
18
On appeal, Molina-Sanchez
convictions
and
420-month,
and
money
laundering
conspiracy
offensesCounts
to
support
the
favorable
to
the
evidence
that
convictions
when
government.
reasonable
viewed
Id.
in
the
Substantial
finder
of
fact
light
most
evidence
is
accept
as
could
reasonable
doubt.
Id.
Thus,
[a]
defendant
bringing
insufficiency
must
be
confined
to
cases
where
the
that
defendant
had
defendant
2014)
21
knowledge
knowingly
conspiracy.
Cir.
violated
U.S.C.
of
and
the
841(a)(1);
conspiracy;
voluntarily
and
(2)
that
the
(3)
that
the
in
the
participated
omitted).
Given
brackets,
the
clandestine
conspiracies,
the
conspiracy
circumstantial
by
government
and
can
internal
and
prove
evidence
quotation
covert
the
nature
existence
alone.
marks
Id.
of
of
a
(internal
and repeated transactions can support the finding that there was
a
conspiracy,
especially
when
coupled
with
substantial
quantities
of
drugs.
Id.
at
526
(brackets
and
internal
As
of
specified
unlawful
activity
(promotion
money
to
conceal
unlawful
activity
the
nature
of
(concealment
the
money
proceeds
of
specified
laundering).
United
thoroughly
that
and
conspiracy
there
reviewed
was
more
circumstantial)
offenses.
to
the
than
sufficient
convict
Specifically,
trial
transcript,
evidence
Molina-Sanchez
the
evidence
of
we
(both
both
establishes
Although Molina-Sanchez
untrustworthy,
evidence,
witnesses.
we
do
[i]n
not
evaluating
review
the
the
sufficiency
credibility
of
of
the
Cir. 2007).
II.
Next,
Molina-Sanchez
contends
that
the
district
court
We review
that
631
is
F.3d
arbitrary
and
146,
(4th
153
irrational.
United
States
Cir.
2011)
(internal
district
court
did
v.
quotation
marks omitted).
We
conclude
discretion
by
that
the
admitting
the
challenged
not
evidence,
abuse
as
it
its
was
See Fed. R.
Lespier, 725 F.3d 437, 448 (4th Cir. 2013) (holding that any
risk
of
unfair
prejudice
was
effectively
mitigated
by
the
III.
Molina-Sanchez argues that his sentence is procedurally and
substantively
unreasonable.
We
review
sentence
for
courts
Guidelines range.
first
raises
calculation
several
of
his
challenges
advisory
to
the
Sentencing
Id.
contends
that
he
should
not
be
held
fails:
there
was
more
than
adequate
evidence
applying
manager
or
the
three-level
supervisor
in
the
enhancement
for
his
role
conspiracy
and
in
denying
as
his
A three-level
USSG 3B1.1(b).
activities
responsibility.
of
other
participants
or
exercised
management
discern
no
clear
error
in
the
district
courts
The Guidelines
livelihood.
USSG
2D1.1(b)(14)(E).
Engaged
in
as
circumstances
defendants
shows
primary
that
occupation.
criminal
USSG
conduct
4B1.3
was
cmt.
the
n.2
by
demonstrating
that
the
defendant
engaged
in
By 2009, Molina-
means, the primary source of his income for several years was
the drug trafficking operation.
also
of
adjustment
3E1.1(a).
discern
no
clear
Molina-Sanchezs
for
acceptance
error
request
of
in
for
the
a
district
two-level
responsibility.
courts
downward
See
USSG
at
trial
by
denying
the
essential
factual
elements
of
Finally,
Molina-Sanchez
challenges
the
substantive
reasonable.
rebutted
by
measured
against
States
v.
showing
that
the
18
U.S.C.
the
Louthian,
Such
756
F.3d
presumption
sentence
295,
is
3553(a)
306
can
only
unreasonable
factors.
(4th
Cir.)
be
when
United
(citation
Indeed,
that
conspiracies
this
it
was
had
one
ever
of
the
largest
witnessed.
drug
Moreover,
trafficking
the
court
mitigating
factors.
Finally,
9
the
court
did
not
err
in
and
his
brother
warranted
disparity
in
the
their sentences.
IV.
We affirm the district courts judgment.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
this
court
are
and
10