United States v. Candelaria-Silva, 1st Cir. (2013)
United States v. Candelaria-Silva, 1st Cir. (2013)
United States v. Candelaria-Silva, 1st Cir. (2013)
denial
of
Defendant-Appellant
Moiss
Candelaria-Silva's
Id. at 307.
It
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We
I. Background
Moiss was arrested in February 1995, along with more
than 30 co-conspirators, for his part in a massive drug conspiracy,
which had controlled a substantial share of the Puerto Rican drug
market since at least 1988.
conspiracy
headed
by
Israel
Santiago-Lugo
("Santiago-Lugo")
Evidence
presented
at
trial
explicitly
tied
Moiss
to
the
An FBI cryptanalysis
and
detailed,
in
units,
the
quantity
of drugs
co-conspirator
Marcos
Hidalgo-Melndez
("Otero"), testified that he delivered cocaine to the CandelariaSilvas to be packaged before it was sold at Hidalgo's point in Los
Murales. He also testified that, "at some point," after one of his
deliveries to the Candelaria-Silvas, he attempted to open his own
drug point in Vega Baja, Puerto Rico, and that his transactions in
relation to those efforts were recorded in the ledgers.
The jury found Moiss guilty of conspiracy to possess
with the intent to distribute fifty grams or more of cocaine base,
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base offense level of 38, and added two two-level enhancements due
to Moiss' use of a firearm and his role as a supervisor, resulting
in a total offense level of 42. He received a 30-year incarcerative
sentence.
Following
Guidelines,
which
the
reduced
2007
Amendments
the
to
crack/powder
the
Sentencing
disparity,
Moiss
He
Combining this
with Hidalgo's previous testimony that 100 packets had been sold
every week, the district court concluded that 100 packets of heroin
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despite noting that Hidalgo had earlier testified that each packet
sold for $75, which, assuming a $28,000 market price for 1/8 of a
kilogram of heroin, would suggest that there were closer to 400
packets in 1/8 of a kilogram. Indeed, the district court explained
in a footnote that it believed that Hidalgo had made a mistake in
his testimony and that he had meant to say that one kilogram of
heroin sold for $28,000.
Using the 100 packets as an equivalency for 1/8 of a
kilogram of heroin, the district court divided the 28,208 units of
'c' by 100 to get the number of kilograms sold, and then divided
again by eight to conclude that for the period October 1990 October 1991, the conspiracy-wide total quantity of heroin was
35.26 kilograms.
From the testimony of co-conspirator Otero that he had
delivered drugs to the Candelaria-Silva's family home at some
point, which may have been during the period reflected in the
ledgers, the district court concluded that Moiss had been involved
in the conspiracy at this time and the entire quantity of drugs was
"reasonably foreseeable" to him.
Reasoning that 30 kilograms of heroin alone is enough to
trigger a base offense level of 38 "and because it was obvious to
all involved that the immense quantities of drugs distributed over
this seven-year conspiracy justified a base offense level of
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thirty-eight," the court concluded that Moiss was not eligible for
a sentence reduction.
grant
a sentence
reduction under
3582(c)(2) is
Id.
Fanfan, 558 F.3d 105, 107 (1st Cir. 2009); see also
United States
v. Davis, 587 F.3d 1300, 1303 (11th Cir. 2009); United States v.
Johnson, 569 F.3d 619, 623 (6th Cir. 2009).
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Moiss'
appeal
revolves around
the
factual
findings
The
United States v.
example, when the district court fails "to synthesize the evidence
in a manner that accounts for . . . gaps in a party's evidentiary
presentation."
Id. (citing
United States v. Rizzo, 349 F.3d 94, 100-02 (2d Cir. 2003)); see
also United States v. Marrero-Ortiz, 160 F.3d 768, 779-80 (1st Cir.
1998)
("While
we
may
agree
with
the
government
that
the
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quantity
of
heroin
reflected
foreseeable to Moiss.
in
the
ledgers
was
reasonably
seizure occurred was a long distance away from the CandelariaSilvas' home base in Manat.
We thus
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From
its vantage point, "the record establishes that Moiss was a high
member of the Santiago-Lugo organization [who] fully participated
in the drug trade . . . [and enjoyed] a position of trust and
cooperation with other members of the . . . drug conspiracy."
The
aside
from
his
or
her
own
acts,
defendant
is
he jointly undertook."
This means
of
drug
quantity
responsibility,
the
court
must
not
States
v.
Correy,
570
F.3d
373,
388
(1st
Cir.
2009)
(emphasis in original).
The immense size of Santiago-Lugo's organization was a
matter thoroughly discussed during the trial against Moiss and its
other members.
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Moiss may have succeeded his brother as the leader of the Villa
Evangelina drug point.
discrete
role
within
Santiago-Lugo's
"immense"
1274 (7th Cir. 1995) ("[I]t is highly questionable to leap from one
person's knowledge that the organization is big to knowledge of its
full scope.
subject.").
Nor does the record show that Moiss was privy to any
sentence
premised solely
upon
the
defendant's
types of concerns.
as insufficient.
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determination
relies
on
multiples
of
averages
or
drug-type
quantity
findings
are
predicated
on
judges may rely "on reasonable estimates and averages, "id. at 228,
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but not
on
intuition,"
drug
quantity
calculations
based
on
"hunches
and
As such, we
consider
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In so doing, we note
Moiss'
motion,
the
record
twice
presented
to
us
applicable
analysis
--
that
is,
determining
whether
the
Dillon, 130 S.
Ct. at 2691.
We have the utmost confidence in the district court
judge's
ability
objectively.
to
adjudicate
Moiss'
motion
fairly
and
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provide
detailed
support
for
both
conclusions.
So Ordered.
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its
factual
and
legal