United States v. Saul Enrique Cuellar-Flores, 891 F.2d 92 (5th Cir. 1989). · Go Syfert
United States v. Saul Enrique Cuellar-Flores, 891 F.2d 92 (5th Cir. 1989). Cases Citing This Book View Copy Cite
“as to mitigating or sentence-reducing factors, the defendant bears the burden of proof.”
65 citation events (11 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Moreno-Rodriguez (ca5, 2000-01-12)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Moreno-Rodriguez
5th Cir. · 2000 · quote attribution · 1 verbatim quote · confidence high
as to mitigating or sentence-reducing factors, the defendant bears the burden of proof.
cited Cited as authority (rule) United States v. Jose Tobias
5th Cir. · 2014 · confidence medium
See United States v. Caldwell, 448 F.3d 287, 290 (5th Cir. 2006); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited as authority (rule) United States v. Jose Tobias
5th Cir. · 2013 · confidence medium
See United States v. Caldwell, 448 F.3d 287, 290 (5th Cir. 2006); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited as authority (rule) United States v. Jose Tobias
5th Cir. · 2013 · confidence medium
See United States v. Caldwell, 448 F.3d 287, 290 (5th Cir.2006); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
cited Cited as authority (rule) United States v. Campos-Rolon
5th Cir. · 2002 · confidence medium
United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited as authority (rule) United States v. Longoria
5th Cir. · 2000 · confidence medium
See United States v. Causey, 185 F.3d 407, 420 (5th Cir. 1999); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989). * Pursuant to 5TH CIR.
cited Cited as authority (rule) United States v. Rivera-Aguirre
5th Cir. · 1999 · confidence medium
See § 2L1.1, comment. (n.1); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Adolfo Alberto MARIN-CUEVAS, AKA Jesus Marin-Cuevas, Defendant-Appellant
9th Cir. · 1998 · confidence medium
See United States v. Aymelek, 926 F.2d 64, 68 (1st Cir.1991) (detention officer’s affidavit); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (probation officer’s testimony).
cited Cited as authority (rule) United States v. Gray
5th Cir. · 1997 · confidence medium
United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
cited Cited as authority (rule) United States v. Gray
5th Cir. · 1997 · confidence medium
United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
cited Cited as authority (rule) United States v. Golden
5th Cir. · 1994 · confidence medium
U.S. v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
discussed Cited as authority (rule) United States v. Thomas
5th Cir. · 1994 · confidence medium
See id. at 966 (noting that a PSR generally bears sufficient indicia of reliability); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (finding uncorroborated hearsay testimony provided by a probation agent to be sufficiently reliable).
discussed Cited as authority (rule) United States v. Thomas (2×)
5th Cir. · 1994 · confidence medium
See id. at 966 (noting that a PSR generally bears sufficient indicia of reliability); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989) (finding uncorroborated hearsay testimony provided by a probation agent to be sufficiently reliable).
discussed Cited as authority (rule) United States v. Thomas
5th Cir. · 1993 · confidence medium
See id. at 966 (noting that a PSR generally bears sufficient indicia of reliability); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989) (finding uncorroborated hearsay testimony provided by a probation agent to be sufficiently reliable).
discussed Cited as authority (rule) United States v. David M. Dale, United States of America v. Michelle Ashton, United States of America v. Martin Segal, United States of America v. Automated Data Management, Inc., United States of America v. Terence Sweeney
D.C. Cir. · 1993 · confidence medium
The burden of proving mitigating sentencing factors was on the defendants, see United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989), but they failed to identify and quantify the payments they alleged to be legitimate, with the exception of one $88,000 payment.
discussed Cited as authority (rule) United States v. Roy Robert Finn A/K/A Marcus Lavelle Dupree
8th Cir. · 1993 · confidence medium
See United States v. Mahler, 984 F.2d 899, 904 (8th Cir. 1993) (district court can consider uncorroborated hearsay evidence if defendant had opportunity to explain or rebut evidence, and if evidence has sufficient indicia of reliability); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989) (corroboration not necessary to make hearsay testimony reliable). 7 We conclude the district court did not abuse its discretion in determining that the hearsay testimony of Zamzow was reliable, and that it did not clearly err in finding that Finn had assaulted Barnes.
discussed Cited as authority (rule) United States v. Dale
D.C. Cir. · 1993 · confidence medium
The burden of proving mitigating sentencing factors was on the defendants, see United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989), but they failed to identify and quantify the payments they alleged to be legitimate, with the exception of one $88,000 payment.
discussed Cited as authority (rule) United States v. Lois Marcella Billingsley
5th Cir. · 1992 · confidence medium
A district court may consider hearsay evidence when making sentencing determinations, so long as the evidence has “sufficient indicia of reliability to support its probable accuracy.” U.S. v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (internal quotations and citation omitted); U.S.S.G. § 6A1.3(a).
discussed Cited as authority (rule) United States v. James Michael Wise (2×)
8th Cir. · 1992 · confidence medium
See also United States v. Burns, 894 F.2d 334, 336-37 (9th Cir.1990) (not error to rely on Secret Service report regarding amount of probable or intended loss); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (probation officer's testimony sufficiently reliable because he obtained the information from a law enforcement officer and had no motive to distort or misrepresent facts). 51 We conclude that Sexson's hearsay testimony was sufficiently reliable to support the district court's finding that Wise had indeed been an organizer or leader of a criminal activity that involved fiv…
discussed Cited as authority (rule) U.S. v. McDonald
5th Cir. · 1992 · confidence medium
Moreover, we have held that a district court is entitled to rely upon uncorroborated hearsay testimony in assessing a defendant's career offender status, so long as the evidence "carries sufficient indicia of reliability." United States v. Marshall, 910 F.2d 1241, 1245 (5th Cir. 1990), cert. denied, 111 S.Ct. 976 (1991); see also U.S.S.G. § 6A1.3(a); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989); United States v. Flores, 875 F.2d 1110, 1112 (5th Cir. 1989).
discussed Cited as authority (rule) United States v. Kenneth L. McDonald A/K/A Clifton Tyronne Dames
5th Cir. · 1992 · confidence medium
Moreover, we have held that a district court is entitled to rely upon uncorroborated hearsay testimony in assessing a defendant’s career offender status, so long as the evidence “carries sufficient indicia of reliability.” United States v. Marshall, 910 F.2d 1241, 1245 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 976 , 112 L.Ed.2d 1061 (1991); see also U.S.S.G. § 6A1.3(a); United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989); United States v. Flores, 875 F.2d 1110, 1112 (5th Cir.1989).
cited Cited as authority (rule) United States v. Danny K. Corley
5th Cir. · 1991 · confidence medium
United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
discussed Cited as authority (rule) United States v. Harold G. Miller (2×)
6th Cir. · 1990 · confidence medium
Sentencing Guideline Sec. 6A1.3 provides that, "[i]n resolving any reasonable dispute concerning a factor important to the sentencing determination, the [district] court may consider relevant information without regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy." Moreover, as the Fifth Circuit recently noted, "the commentary to guideline section 6A1.3 specifically permits consideration of testimony at sentencing hearings that would not be admissible at trial." United …
discussed Cited as authority (rule) United States v. Aslam
N.D.N.Y. · 1990 · confidence medium
United States v. Gonzalez-Sandoval, 894 F.2d 1043, 1045 (9th Cir.1990); United States v. Cuellar-Flores, 891 F.2d 92, 92 (5th Cir.1989); United States v. Esparza, 882 F.2d 143, 145 (5th Cir.1989); United States v. Morales-Quinones, 812 F.2d 604, 606 (10th Cir.1987); United States v. Ramirez-Rizo, 809 F.2d 1069, 1070 (5th Cir.1987); United States v. Loya, 807 F.2d 1483, 1485 (9th Cir.1987); United States v. Rosales-Lopez, 617 F.2d 1349, 1352 (9th Cir.1980), aff'd, 451 U.S. 182 , 101 S.Ct. 1629 , 68 L.Ed.2d 22 (1981); Wishart, 582 F.2d at 238 n. 2; United States v. Driscoll, 449 F.2d 894, 895 (1…
discussed Cited as authority (rule) United States v. Ricardo Rodriguez
5th Cir. · 1990 · confidence medium
A court may rely upon uncorroborated hearsay testimony, see United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989), and even on an out-of-court statement by an unidentified informant (at least where there is good cause for not allowing confrontation and there is some additional corroboration of the statement).
cited Cited as authority (rule) United States v. Keith Francis Michael
5th Cir. · 1990 · confidence medium
Similarly, in United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989), while the court relied upon uncorroborated hearsay testimony, it was from an identified and reliable source.
discussed Cited "see" United States v. Ricardo Perez-Torres (2×)
5th Cir. · 2010 · signal: see · confidence high
See United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
discussed Cited "see" United States v. Compton (2×)
5th Cir. · 2008 · signal: see · confidence high
See United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
cited Cited "see" United States v. Longoria
5th Cir. · 2000 · signal: see · confidence high
See United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
discussed Cited "see" United States v. Reynoso-Ortiz (2×)
5th Cir. · 1999 · signal: see · confidence high
See United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989). * Pursuant to 5TH CIR.
discussed Cited "see" The United States of America v. Robert Eldridge Marshall and Evelyn King (2×) also: Cited "see, e.g."
5th Cir. · 1990 · signal: see · confidence high
See Cuellar-Flores, 891 F.2d at 93 .
cited Cited "see" United States v. John C. Mueller
5th Cir. · 1990 · signal: see · confidence high
See United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
cited Cited "see, e.g." United States v. Huskey
5th Cir. · 1998 · signal: see also · confidence medium
See U.S.S.G. § 6A1.3, p.s.; see also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989); Angulo, 927 F.2d at 204-05 ; Manthei, 913 F.2d at 1138 .
discussed Cited "see, e.g." United States v. Mmahat
5th Cir. · 1997 · signal: see also · confidence medium
See United States v. Hughey, 877 F.2d 1256, 1265 (5th Cir.1989), rev’d on other grounds, 495 U.S. 411 , 110 S.Ct. 1979 , 109 L.Ed.2d 408 (1990); see also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989).
discussed Cited "see, e.g." United States v. Scott Lee Young, United States of America v. Donald Charles Allman, United States of America v. Michael Allen Crow (2×)
5th Cir. · 1993 · signal: see also · confidence medium
See also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989). 43 U.S.S.G. § 6A1.3 incorporated pre-guidelines case law requiring (1) good cause for not disclosing the identity of an informant, and (2) corroboration by other means of information furnished by an undisclosed informant, before this informant's out-of-court declarations can be used in sentencing.
cited Cited "see, e.g." U.S. v. Young
5th Cir. · 1992 · signal: see also · confidence medium
See also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited "see, e.g." U.S. v. Young
5th Cir. · 1992 · signal: see also · confidence medium
See also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited "see, e.g." U.S. v. Young
5th Cir. · 1992 · signal: see also · confidence medium
See also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
cited Cited "see, e.g." United States v. Richard Young Alfaro
5th Cir. · 1990 · signal: see also · confidence medium
See Mueller, 902 F.2d at 347 ; see also United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (defendant has the burden when seeking a decrease in the sentence level). 10 .
discussed Cited "see, e.g." United States v. Nelson
D. Kan. · 1990 · signal: see, e.g. · confidence medium
See, e.g., United States v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir.1989) (use of hearsay statements made to probation officer by law enforcement official investigating defendant’s case). *1507 As to all of the defendants, except Diana Nelson, the court has reviewed records and testimony at an evidentiary hearing on the 5th and 6th days of April, 1990, in making its findings on disputed facts and applying the Sentencing Guidelines.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Saul Enrique CUELLAR-FLORES, Defendant-Appellant
89-1496.
Court of Appeals for the Fifth Circuit.
Dec 12, 1989.
891 F.2d 92
Richard 0. Gonzales (court-appointed), Uvalde, Tex., for defendant-appellant., LeRoy M. Jahn, Michael R. Hardy, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., for plaintiff-appellee.
Gee, Davis, Jones.
Cited by 51 opinions  |  Published
GEE, Circuit Judge:

Cuellar-Flores was indicted on four counts of aiding and abetting the unlawful transportation of illegal aliens in violation of 8 U.S.C. section 1324(a)(1)(B) and 18 U.S.C. section 2. He pleaded guilty to one count in exchange for dismissal of the remaining counts. After determining that the offense was motivated by profit, the district court sentenced Cuellar-Flores to seven months imprisonment. He appeals, contending that the district court erred when it determined that his offense was committed for profit. He argues that his offense was not profit motivated and, that[*93] being so, that his offense level should have been decreased by three levels under sentencing guideline section 2Ll.l(b)(l). We affirm.

Discussion

The commentary to sentencing guideline section 6A1.3 provides:

In determining the relevant facts, sentencing judges are not restricted to information that would be admissible at trial. 18 U.S.C. section 3661. Any information may be considered, so long as it has “sufficient indicia of reliability to support its probable accuracy.” United States v. Marshall, 619 F.Supp. 751 (D.C.Wis.1981), aff' d, 719 F.2d 887 (7th Cir. 1983); United States v. Fatico, 579 F.2d 707 (2d Cir.1978).

Cuellar-Flores argues that the district court relied on uncorroborated hearsay testimony at the sentencing hearing and that because such testimony was unreliable his sentence should be vacated. We disagree. The testimony presented by the government and relied on by the district court was that of Louis Marquez, a probation officer, who had spoken with the investigating case agent about the case. Thus, Mr. Marquez received his information from a law-enforcement officer. In addition, Mr. Marquez is himself an officer who is well known to the court and who had no motive to distort or misrepresent the facts. The testimony of Mr. Marquez was sufficiently reliable that the district court did not abuse its discretion in considering it.

Further, that Mr. Marquez’s testimony was hearsay and uncorroborated does not aid Cuellar-Flores’s argument. The Federal Rules of Evidence regarding hearsay do not apply to sentencing proceedings. Fed. R.Evid. 1101(d)(3). And, the commentary to guideline section 6A1.3 specifically permits consideration of testimony at sentencing hearings that would not be admissible at trial. Corroboration was not necessary to make Mr. Marquez’s testimony reliable. The district court’s finding that Cuellar-Flores’s offense was profit motivated was not clearly erroneous.

Cuellar-Flores next contends that the district court erred when it placed the burden of proof on him to show the lack of any profit motive. This was not error. As to mitigating or sentence-reducing factors, the defendant bears the burden of proof. See United States v. White, 869 F.2d 822, 826 (5th Cir.) (per curiam), cert. denied, — U.S. —, 109 S.Ct. 3172, 104 L.Ed.2d 1033 (1989); United States v. Gordon, 876 F.2d 1121, 1127 (5th Cir.1989); United States v. Velasquez-Mercado, 872 F.2d 632, 636-37 (5th Cir.1989); United States v. Roberson, 872 F.2d 597, 610 (5th Cir.1989).

The judgment of the district court, is therefore,

AFFIRMED.