United States v. Villalobos
Docket: No. 01-50732
Court: Court of Appeals for the Ninth Circuit; November 17, 2003; Federal Appellate Court
Juan Villalobos appeals his conviction and sentence related to a guilty plea for conspiracy (18 U.S.C. § 371) and theft of goods (18 U.S.C. § 659). Although his plea agreement included a waiver of the right to appeal if the sentence was within the statutory maximum, the 87-month sentence for conspiracy exceeds the five-year maximum established by law. The government acknowledges the sentencing error but argues that it is a technical issue and that the overall sentence remains within the total statutory maximum, thereby upholding the plea waiver. The court disagrees, stating the waiver is contingent on the specific statutory maximum for the conspiracy charge, allowing Villalobos to appeal. The court finds that Villalobos's role was properly classified as an organizer or leader of a criminal enterprise involving at least five participants, excluding an undercover officer. Evidence presented supports this classification, including Villalobos’s actions in locating stolen goods, directing their transport, storage, and sale, and receiving significant proceeds. Additionally, he was identified by a subordinate as “Numero Uno,” suggesting leadership, although titles alone do not determine status. The court concludes that the district court rightly applied the sentencing enhancement based on Villalobos's leadership role. The judgment regarding count one is vacated, and the case is remanded for correction of the sentence to not exceed 60 months. The court affirms the remaining aspects of the sentence. The disposition is not for publication and may not be cited in future cases except as permitted by Ninth Circuit Rule 36-3.