United States v. Antonio Arredondo-Santos, 911 F.2d 424 (10th Cir. 1990). · Go Syfert
United States v. Antonio Arredondo-Santos, 911 F.2d 424 (10th Cir. 1990). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 1991–2013 · 2 courts · …couriers are indispensable to any drug-dealing network. at p. 426
50 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Garcia (nmd, 2013-04-01)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Garcia (3×) also: Cited as authority (rule), Cited "see"
D.N.M. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
couriers are indispensable to any drug-dealing network.
examined Cited as authority (verbatim quote) United States v. David Caruth (3×) also: Cited as authority (rule), Cited "see"
10th Cir. · 1991 · signal: see · quote attribution · 1 verbatim quote · confidence high
couriers are indispensable to any drug-dealing network.
cited Cited as authority (rule) United States v. Jimenez-Valenia
10th Cir. · 2011 · confidence medium
United States v. Awedondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Rivera-Avelar
10th Cir. · 2001 · confidence medium
See, e.g., United States v. Chavez, 229 F.3d 946, 956 (10th Cir.2000) (quoting United States v. Ballard, 16 F.3d 1110, 1115 (10th Cir.1994)); see also United States v. Carter, 971 F.2d 597, 600 (10th Cir.1992); United States v. Arredodo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Isabel Rodriguez De Varon (2×)
11th Cir. · 1999 · confidence medium
See, e.g., United States v. Campbell, 139 F.3d 820, 821-22 (11th Cir.1998) (“A sentencing court’s determination of a defendant’s role in an offense is a factual finding reviewed for clear error.”); United States v. Everett, 129 F.3d 1222, 1224 (11th Cir.1997) (per curiam) (“We consider the district court’s determination of appellee’s role in the offense a factual finding, and thus review it for clear error.”); United States v. Fernandez, 92 F.3d 1121, 1123 (11th Cir.1996) (per curiam) (holding that the district court’s factual determination of a defendant’s role in the offe…
discussed Cited as authority (rule) United States v. Gault
10th Cir. · 1998 · confidence medium
Instead, in order to weigh the relative culpability of 11 participants, “‘evidence must exist of other participants and their role in the criminal activity.’” United States v. Sukiz-Grado, 22 F.3d 1006, 1009 (10th Cir. 1994) (quoting United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir. 1990).
discussed Cited as authority (rule) United States v. Anthony Gault
10th Cir. · 1998 · confidence medium
Instead, in order to weigh the relative culpability of participants, “ ‘evidence must exist of other participants and their role in the criminal activity.’ ” United States v. Sukiz-Grado, 22 F.3d 1006, 1009 (10th Cir.1994) (quot *1405 ing United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990)).
discussed Cited as authority (rule) United States v. De Varon
11th Cir. · 1998 · confidence medium
For example, we have held that a district court's determination of whether a defendant has played an aggravating role in the offense under U.S.S.G. § 3B1.1 is a finding of fact subject to a clearly 6 Moreover, every other circuit has adopted the clear error standard to review a district court's determination of a defendant's role in the offense.4 See, e.g., United States v. Edwards, 98 F.3d 1364, 1371 (D.C.Cir.1996) (mixed question); United States v. Thompson, 76 F.3d 442, 456-58 (2d Cir.1996) (fact question); United States v. Lampkins, 47 F.3d 175, 180 (7th Cir.1995) (question "heavily depen…
discussed Cited as authority (rule) United States v. De Varon
11th Cir. · 1998 · confidence medium
Cir. 1996) (mixed question); United States v. Thompson, 76 F.3d 442, 456-58 (2d Cir. 1996) (fact question); United States v. Lampkins, 47 F.3d 175, 180 (7th Cir. 1995) (question “heavily dependent on the facts”); United States v. DeFranco, 30 F.3d 664, 669 (6th Cir. 1994) (fact question); United States v. Carr, 25 F.3d 1194, 1207 (3d Cir. 1994) (mixed question); United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir. 1990) (fact question); United States v. Ellis, 890 F.2d 1040, 1041 (8th Cir. 1989) (per curiam) (fact question); United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th…
discussed Cited as authority (rule) United States v. Escobar-Venzor
10th Cir. · 1997 · confidence medium
The court could simply choose not to believe her.”); United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir. 1990) (refusing to adopt a per se rule that allowed a downward adjustment for courier status, stating “[c]ouriers are indispensable to any drug-dealing network”).
discussed Cited as authority (rule) United States v. Manuel Escobar-Venzor
10th Cir. · 1997 · confidence medium
The court could simply choose not to believe her."); United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990) (refusing to adopt a per se rule that allowed a downward adjustment for courier status, stating "[c]ouriers are indispensable to any drug-dealing network"). 5 Defendant also contends that he was entitled to an additional downward adjustment point under U.S.S.G. § 3E1.1(b).
discussed Cited as authority (rule) United States v. Leo Earl Gamblin, Jr.
10th Cir. · 1997 · confidence medium
Of Mr. Gamblin, it can be said what this court said of a defendant in another case: 30 [His] services as a courier were as indispensable to the completion of the criminal activity as those of the seller ... and the buyer ..., and we agree that to debate which one is less culpable than the others "is not productive." It is akin to the old argument over which leg of a three-legged stool is the most important leg. 31 United States v. Carter, 971 F.2d 597, 600 (10th Cir.1992) (quoting United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990)).
cited Cited as authority (rule) United States v. Gamblin
10th Cir. · 1997 · confidence medium
United States v. Carter, 971 F.2d 597, 600 (10th Cir. 1992) (quoting United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir. 1990)).
cited Cited as authority (rule) United States v. Marin
10th Cir. · 1996 · confidence medium
See United States v. Carter, 971 F.2d 597, 600 (10th Cir.), cert. denied, 113 S. Ct. 628 (1992); United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir. 1990).
discussed Cited as authority (rule) United States v. Alvarez
10th Cir. · 1996 · confidence medium
In United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990) we observed that "[c]ouriers are indispensable to any drug-dealing network." All things considered, the district court's denial of Alvarez' request to decrease his base offense level by 2 levels based on his minor participation in the drug operation is not clearly erroneous, and, such being the case, we must affirm. 3 McCann, 940 F.2d at 1359 . 20 Judgment affirmed. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
discussed Cited as authority (rule) Tyrone Nichols v. United States (2×)
7th Cir. · 1996 · confidence medium
Therefore, "[a] defendant's status as a courier does not necessarily mean that he is less culpable than other participants in a drug conspiracy." Osborne, 931 F.2d at 1158 (quoting United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990)); cf. United States v. Salvador, 18 F.3d 1380, 1383-84 (7th Cir.1994).
cited Cited as authority (rule) United States v. Willie Steven Lockhart
10th Cir. · 1994 · confidence medium
United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir.1990).
cited Cited as authority (rule) United States v. Lorenzo Alberto Sukiz-Grado
10th Cir. · 1994 · confidence medium
United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir.1990).
cited Cited as authority (rule) United States v. Sherron K. Ballard
10th Cir. · 1994 · confidence medium
United States v. Arrendondo-Santos, 911 F.2d 424, 425 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Matias Nunez-Gutierrez
10th Cir. · 1993 · signal: cf. · confidence medium
Cf. United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990) ("When culpability must be weighed, evidence must exist of other participants and their role[s] in the criminal activity."); United States v. Pelayo-Munoz, 905 F.2d 1429, 1430-31 (10th Cir.1990) (defendant's own claim "that he was merely the underling" did not suffice as proof of minor participant status).
discussed Cited as authority (rule) United States v. James McGee
10th Cir. · 1993 · confidence medium
Moreover, when a defendant is involved in a conspiracy in which the participants have performed different functions, "[t]o argue that one of these participants is more or less culpable than another is not productive." United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Alonso Ronquillo
10th Cir. · 1993 · confidence medium
Moreover, when a defendant is involved in a conspiracy in which the participants have performed different functions, "[t]o argue that one of these participants is more or less culpable than another is not productive." United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States v. Roberto Rangel-Arreola
10th Cir. · 1993 · confidence medium
United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Norman M. Hardy, United States of America v. Patrick Eppes, Jr.
D.C. Cir. · 1993 · confidence medium
By sawing off the shotguns, Eppes not only transformed lawful shotguns into unlawful weapons, he also promoted the ultimate sale of the guns by making them more marketable on the street. 18 It is clear that "[w]hen a crime is committed by two or more persons, one will almost always have a different level of participation." United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States v. Lynette Carter
10th Cir. · 1992 · confidence medium
United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States v. Porfirio Paz-Aguirre
10th Cir. · 1992 · confidence medium
See, e.g., United States v. McCann, 940 F.2d 1352, 1359 (10th Cir.1991); United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States v. Alfred Camacho-Terrazas
10th Cir. · 1991 · confidence medium
The district court did not misapply the Guidelines. 4 A downward adjustment under Sec. 3B1.2 "is heavily dependent on the facts." United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States of America, Plaintiff-Appellant/cross v. Craig Dwight McCann Defendant-Appellee/cross
10th Cir. · 1991 · confidence medium
United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Diane Aeschbacher, United States of America v. Ron Gillis, United States of America v. Gary Barkdoll
10th Cir. · 1991 · confidence medium
"A finding that a defendant is or is not a minor participant is a finding of fact," United States v. Arredondo-Santos, 911 F.2d 424, 425 (10th Cir.); therefore, we review the trial court's determination under the clearly erroneous standard.
discussed Cited as authority (rule) United States v. William J. Osborne, Thomas E. Hanna and Joseph Urbano, Jr., Also Known as Toby Urbano
7th Cir. · 1991 · confidence medium
For example, in United States v. Williams, 890 F.2d 102, 104 (8th Cir.1989), the Eighth Circuit noted that: “A defendant’s status as a courier does not necessarily mean that he is less culpable than other participants in a drug operation.” As the Tenth Circuit recently observed: “[Tjhis court will adopt no per se rule allowing a downward adjustment due solely to the fact that the defendant was a courier of illegal drugs.” United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Carmen Cesar Rios-Ramirez
10th Cir. · 1991 · confidence medium
To this same effect, see United States v. Maldonado-Campos, 920 F.2d 714, 717 (10th Cir.1990); United States v. Donaldson, 915 F.2d 612, 615 (10th Cir.1990); United States v. Calderon-Porras, 911 F.2d 421, 423-24 (10th Cir.1990); and United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990).
cited Cited as authority (rule) United States v. Crescenciano M. Pena
10th Cir. · 1990 · confidence medium
The services or contributions of each may be indispensable to the completion of the crime. 911 F.2d 424, 426 (10th Cir.1990) (emphasis added).
discussed Cited as authority (rule) United States v. Antonio Maldonado-Campos
10th Cir. · 1990 · confidence medium
See United States v. Donaldson, 915 F.2d 612, 615 (10th Cir.1990); United States v. Calderon-Porras, 911 F.2d 421, 423-24 (10th Cir.1990); United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990); United States v. Pelayo-Munoz, 905 F.2d 1429, 1430-31 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Gerald Donaldson, Jr., Lowell R. Donaldson
10th Cir. · 1990 · confidence medium
See United States v. Calderon-Porras, 911 F.2d 421, 423-24 (10th Cir.1990); United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990); United States v. Pelayo-Munoz, 905 F.2d 1429 (10th Cir.1990).
discussed Cited "see" United States v. Gerardo Ochoa
10th Cir. · 1997 · signal: see · confidence high
See United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990) (couriers are indispensable to success of drug trafficking operation); Donaldson, 915 F.2d at 615 (court considers defendant's culpability compared with other participants, "not status or position"). 23 AFFIRMED. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
discussed Cited "see" United States v. Ochoa
10th Cir. · 1997 · signal: see · confidence high
See United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir. 1990) (couriers are indispensable to success of drug trafficking operation); Donaldson, 915 F.2d at 615 (court considers defendant’s culpability compared with other participants, “not status or position”).
cited Cited "see" United States of America, and v. Daniel Santistevan, and Cross-Appellee
10th Cir. · 1994 · signal: see · confidence high
See United States v. Rangel-Arreola, 991 F.2d 1519, 1524 (10th Cir.1993) (citing United States v. Arredondo-Santos, 911 F.2d 424, 426 (10th Cir.1990)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Antonio ARREDONDO-SANTOS, Defendant-Appellant
89-2173.
Court of Appeals for the Tenth Circuit.
Aug 21, 1990.
911 F.2d 424
1990 U.S. App. LEXIS 14384
1990 WL 119576
Presiliano Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-ap-pellee., Charles A. Harwood (James B. Foy with him on the brief), Silver City, N.M., for defendant-appellant.
Logan, Baldock, Brorby.
Cited by 40 opinions  |  Published
BRORBY, Circuit Judge.

Mr. Arredondo-Santos having pled guilty to the crime of possession with intent to distribute less than fifty kilograms of marijuana, appeals his sentence of thirty months.

Mr. Arredondo-Santos asserts only one issue on appeal, and that is did the district court err when it refused to decrease his offense level by two levels based upon Mr. Arredondo-Santos’ contention that he was[*425] but a minor participant in the criminal activity? [1]

The Government and Mr. Arredondo-Santos entered into a written plea agreement, which included a stipulation “that pursuant to § 3B1.2(b), the defendant was a minor participant in the criminal activity alleged in the indictment herein.” This plea agreement further provided that the defendant (Mr. Arredondo-Santos) understands that “this stipulation is not binding on the Court and that whether or not the Court accepts this stipulation is solely in the discretion of the Court after it has reviewed the pre-sentence report.”

A presentence report was then prepared and filed, which indicated that Mr. Arre-dondo-Santos was not entitled to a reduction of two offense levels for being a minor participant in the crime. This presentence report specified the offense conduct. It can be summarized as stating that Mr. Arredondo-Santos was driving a van, with a passenger, which was stopped at the United States-Mexico border. It was subsequently determined that concealed within the van was about 100 pounds of marijuana. Mr. Arredondo-Santos first claimed that, while he was in Mexico, he loaned his van to a man he had met several years ago and that this man must have concealed the marijuana in the van with the intent of recovering it later. Subsequently, Mr. Ar-redondo-Santos admitted that he knowingly transported the marijuana, which he had obtained in Mexico, and the marijuana was destined for Riverside, California.

Mr. Arredondo-Santos filed no written objections to the presentence report. Counsel for Mr. Arredondo-Santos said there was no need for an evidentiary hearing. He further stated that the defendant did not contest the facts as set forth in the presentence report. However, Mr. Arre-dondo-Santos argued at the sentencing hearing that he should receive a two-level reduction in the offense level. He contended that he was a mere driver and was less culpable than the people who purchased and sold the drugs; that he was less culpable than the owner of the marijuana; and that there was no evidence indicating that he had loaded or unloaded the marijuana or that he had concealed the marijuana in his van.

After hearing the arguments of Mr. Ar-redondo-Santos, the court stated:

I don’t find that a driver under these circumstances is a minimal or minor participant. Obviously the system breaks down without people such as the defendant to transport the narcotics. So I don’t find that he is a minor participant.

On appeal, Mr. Arredondo-Santos reiterates the same arguments advanced to the district court. The arguments can be summarized as stating that Mr. Arredondo-Santos contends that marijuana distributing operations usually involve many individuals with various responsibilities and that a “courier or mule,” whose sole function is to drive the marijuana from point A to point B, should be classified as a minor participant.

We first address the stipulation of the parties. Mr. Arredondo-Santos correctly makes no argument to this court that the stipulation was binding upon the district court.

Mr. Arredondo-Santos contends that the sentence was imposed as a result of an incorrect application of the Sentencing Guidelines. We must accept the findings of fact of the district court unless they are clearly erroneous. 18 U.S.C. § 3742(d)(2). A finding that a defendant is or is not a minor participant is a finding of fact. United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir.1989) (citing United States v. Franco-Torres, 869 F.2d 797, 800 (5th Cir.1989)). We give due deference to the district court’s application of the Sentencing Guidelines to the facts. 18 U.S.C. § 3742(e); United States v. Smith, 888 F.2d 720, 723 (10th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1786, 108 L.Ed.2d 788 (1990).

[*426] The facts are undisputed. Mr. Arredondo-Santos was apprehended with a quantity of marijuana concealed in his van. Mr. Arredondo-Santos had obtained the marijuana in Mexico and was attempting to transport it to California. We will accept Mr. Arredondo-Santos’ contention that he was a courier. Couriers are indispensable to any drug-dealing network.

Section 3B1.2(b) of the Sentencing Guidelines provides for a two-level decrease in the offense level if the defendant was a “minor participant in any criminal activity.” The commentary defines a minor participant as “any participant who is less culpable than most other participants, but whose role could not be described as minimal.” Commentary, Application Note 3.

It is obvious that the decision to utilize this downward adjustment is heavily dependent upon the facts. See § 3B1.2 commentary (background). For this reason, this court will adopt no per se rule allowing a downward adjustment due solely to the fact that the defendant was a courier of illegal drugs. For cases reaching similar conclusions, see Sanchez-Lopez, 879 F.2d at 557-58; United States v. Daughtrey, 874 F.2d 213, 218-19 (4th Cir.1989); United States v. Wright, 873 F.2d 437, 442-43 (1st Cir.1989); United States v. Nunley, 873 F.2d 182, 186-87 (8th Cir.1989); United States v. Gallegos, 868 F.2d 711, 713 (5th Cir.1989); United States v. Buenrostro, 868 F.2d 135, 137-39 (5th Cir.1989), ce rt. denied, — U.S. -, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990).

When a crime is committed by two or more persons, one will almost always have a different level of participation. One may have conceived the plan; another may have financed the crime; another may have provided automobiles or tools; and yet another may be the distributor. To argue that one of these participants is more or less culpable than another is not productive. The services or contribution of each may be indispensable to the completion of the crime.

The commentary instructs us to weigh the culpability of one participant against that of another. Culpability is usually defined as being responsible for the wrong or blameworthy. In the instant case, the defendant obtained the marijuana and was delivering it to California. Assuming there were other participants, Mr. Arredondo-Santos cannot complain that he was less culpable than the people who sold or purchased the drugs. We also note that there exists no evidence in the record that there were other participants. When culpability must be weighed, evidence must exist of other participants and their role in the criminal activity.

Given these facts, and giving to the district court due deference, we cannot say the district court erred.

The decision of the district court is AFFIRMED.

1

. Section 3B1.2(a) of the Sentencing Guidelines provides for decreasing the base offense level by four levels if the defendant is classified as a "minimal participant.” No such claim is made in this case.