United States v. Cota-Luna

A DEA agent learned that a particular tractor-trailer traveling to Cleveland likely contained narcotics. When the truck arrived, investigators watched as the driver parked in a fenced-in lot and a car driven by Defendants arrived. The truck's driver unhitched the trailer and drove away. Defendants worked on a compartment underneath the trailer, then drove away. State Troopers stopped them, allegedly for speeding, and a narcotics detection dog alerted to the possible presence of narcotics. The officers searched the car but did not find any illegal items. Officers executed a warrant at the trailer and discovered secret compartments, containing around 92 kilograms of cocaine. Defendants were arrested. Officers seized cell phones with coded messages and a notebook with detailed information regarding the tractor-trailer's arrival. Defendants agreed to plead guilty to conspiracy to possess with intent to distribute at least 92 kilograms of a mixture or substance containing cocaine under Rule 11(c)(1)(C), which authorizes plea agreements that, if accepted by the court, specify the exact sentence. The agreements applied the “Safety Valve” guideline and reductions for being “minimal participants” acting out of fear and for acceptance of responsibility, and proposed sentences of 36 months’ and 33 months’ imprisonment. The court rejected the agreements, stating that it would not accept any “C agreement.” The court subsequently accepted revised plea agreements, stating that the agreed-upon guidelines calculations were merely advisory. The PSRs’ offense-level calculations mirrored those in the agreements, with one exception. The district court rejected the reductions, resulting in a guidelines range of 120-135 months’ imprisonment and imposed a 10-year sentence on each defendant. The Sixth Circuit vacated and remanded for reassignment to a different judge, for reconsideration of the plea agreement. View "United States v. Cota-Luna" on Justia Law