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United States v. Gustavo Giraldo-Lara and Aura Giraldo
Citations: 919 F.2d 19; 1990 U.S. App. LEXIS 20617; 1990 WL 181522Docket: 89-7115
Court: Court of Appeals for the Fifth Circuit; November 27, 1990; Federal Appellate Court
Gustavo Giraldo-Lara and Aura Giraldo, both defendants, pled guilty to conspiracy to distribute cocaine under 21 U.S.C. § 846. The district court sentenced Gustavo to 235 months and Aura to 180 months in prison. They appealed, arguing errors in their sentence calculations under the Federal Sentencing Guidelines. The defendants were involved in a cocaine distribution operation and were arrested while attempting to purchase seven kilograms of cocaine from a cooperating drug dealer. The broader conspiracy aimed to distribute twenty kilograms. Gustavo objected to the presentence report, which the district court overruled, and he received the maximum sentence. Aura initially opted for a trial but pled guilty shortly after it began, also receiving a sentence after her objections were overruled. On appeal, the defendants contended that their sentences should be based on the seven kilograms they intended to purchase, not the total twenty kilograms planned by the conspiracy. However, the court highlighted that sentencing judges can consider the total amount of drugs involved in a conspiracy when determining a defendant's base offense level, as long as the quantities are part of the same scheme. The district court's decision to base the sentences on twenty kilograms was found to be supported by the evidence and not clearly erroneous. Gustavo also claimed entitlement to a two-level reduction for acceptance of responsibility. However, the court noted that a guilty plea alone does not guarantee such a reduction, as the judge may consider other evidence in the determination. The district court's findings regarding the defendant's acceptance of responsibility, like the determination of cocaine quantity, are factual and can only be overturned if clearly erroneous. The standard of review may be more deferential in cases of acceptance of responsibility due to the trial court's reliance on credibility assessments. In Gustavo's case, despite his guilty plea, he maintained during a probation interview that he was not involved in illegal activities, leading the court to correctly deny him a two-level reduction in his offense level. Defendant Aura Giraldo contended that she deserved a reduction for being a minor participant in the conspiracy. However, the trial judge's finding that she was not a minor participant is also subject to the clearly erroneous standard. The court found ample support for its determination, as Giraldo admitted to being actively involved in the cocaine distribution over two years, even if her role in the specific transaction was minor. Regarding Gustavo's criminal history, the district court categorized him in category III based on a prior criminal record, including a "deferred adjudication probation" for marijuana possession in Texas. The Sentencing Guidelines classify a "prior sentence" as any sentence imposed upon a guilty finding, even without a formal conviction. Although Texas law does not consider "deferred adjudication probation" a finding of guilt, the Guidelines permit it to be counted if there was an admission of guilt. Since Gustavo had entered a guilty plea in his state case, the district court appropriately included his "deferred adjudication probation" in calculating his criminal history score. The district court's judgment is affirmed. The Texas Court of Criminal Appeals clarified that with deferred adjudication probation, no formal judgment of guilt is entered, and no punishment is assessed; instead, proceedings are paused, allowing the accused to demonstrate good behavior over a specified period. Success leads to the cessation of the case, while failure results in the continuation of normal trial procedures. At the time of Gustavo's prosecution, Texas law mandated a guilty or nolo contendere plea for eligibility for deferred adjudication probation, which allows the court to defer proceedings without adjudicating guilt, contingent upon a finding of guilt substantiated by evidence.