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 to a crewmember on a go-fast vessel carrying narcotics.
This case stems from a USCG interdiction of a low-profile go-fast vessel (GFV) in international waters approximately 240 nautical miles northwest of Esmeraldas, Ecuador. During the interdiction, crewmembers on-board the GFV began jettisoning a portion of their load. Ultimately, the USCG interdicted the GFV with three (3) individuals on-board and forty-five (45) packages containing approximately 1260 kilograms of cocaine. The USCG did not recover the items that the crewmembers had jettisoned before the boarding. All three crewmembers were brought to the U.S. for prosecution, and Carabali Montano thereafter plead guilty to 46 U.S.C. § 70503.
At sentencing, Carabali Montano objected to the Pre-Sentence Report (PSR) and asserted, among other things, that he was entitled to a minimal- or minor-role reduction under USSG § 3B1.2 because his limited role in the conspiracy had involved only serving as a crewmember aboard the GFV and following the master’s directions. The district court overruled Carabali Montano’s objection to the PSR and stated that Carabali Montano had failed to establish by a preponderance of the evidence that he had a minimal or minor role in his offenses.
The Eleventh Circuit affirmed the district court’s decision. In doing so, it used its long-standing precedent from United States v. Rodriguez De Varon, 175 F.3d 930 (11th Cir. 1999) (en banc) for determining whether a defendant is entitled to a mitigating role in the offense:
“First, the district court must measure the defendant’s role against the relevant conduct for which she has been held accountable. Second, the district court must measure the defendant’s role against the other discernable participants in the relevant conduct.”
United States v. Carabali Montano, — Fed.Appx. —- (11th Cir. July 19, 2021) (internal citations omitted). When applying that test to Carabali Montano’s conduct, the record revealed that “all three crewmembers knowingly participated in the illegal transportation of a large quantity of cocaine, that their transportation roles were important to that scheme, and that the district court held Montano accountable only for that conduct.” Additionally, the evidence showed that when the USCG sought to interdict the GFV, Carabali Montano—just as much as the other crewmembers—began to jettison the vessel’s load. As such, Carabili Montano’s “contention that he was simply a courier in an international criminal organization is unavailing.”
The full decision can be found here.