Takeaway: Crewmembers on a small go-fast vessel caught smuggling narcotics in international waters are not simply couriers; thus, they are not entitled to a minimal- or minor-role reduction pursuant to USSG § 3B1.2. In a case with familiar facts to most MDLEA attorneys, the Eleventh Circuit affirmed the lower court’s denial of a minor reduction…
Category: Circuit Courts
United States v. Carabali Montano, — Fed.Appx. —- (11th Cir. July 19, 2021)
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EULOGIO CARABALI MONTANO, Defendant-Appellant. No. 20-13713 (July 19, 2021) Appeal from the United States District Court for the Middle District of Florida Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges. Opinion PER CURIAM: *1 Eulogio Carabali Montano appeals his 151-month sentence for conspiracy to possess and possession with intent to…
Eleventh Circuit Affirms District Court’s Drug Weight Calculation for Jettisoned Contraband
Takeaway: (1) IONSCAN technology is sufficiently reliable for admission at trial in MDLEA cases, and (2) based the evidence available (i.e. testimony of the size and number of packages jettisoned), a court can reasonably calculate the quantity of narcotics trafficked even if they are jettisoned and unable to be recovered. The Eleventh Circuit’s decision in…
United States v. Newball May, 846 F. App’x 831 (11th Cir. 2021)
UNITED STATES of America, Plaintiff-Appellee, v. Jorge Ramon NEWBALL MAY, Calbot Reid-Dilbert, Rudolph Randolph Meighan, Defendants-Appellants. No. 19-13114 United States v. Newball May, 846 F. App’x 831 (11th Cir. 2021) (February 24, 2021) Appeals from the United States District Court for the Middle District of Florida, D.C. Docket No. 8:18-cr-00594-SCB-JSS-3 Before WILSON, ROSENBAUM, and GRANT, Circuit Judges. Opinion…
First Circuit Rules Safety-Valve Provision Did Not Apply to MDLEA
Take-away: At time of defendant’s sentencing in June 2018, the statutory safety-valve provision, which allowed relief from statutory mandatory minimum sentences, did not apply to offenses under the Maritime Drug Law Enforcement Act (MDLEA). This case stems a December 11, 2017 interdiction by the U.S. Coast Guard (USCG). The USCG intercepted a go-fast vessel in the…