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U.S. v. Cabrera

There is sufficient reliable evidence that the multiplier used by the district court is reasonably representative of the number of immigrants smuggled on each trip.

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As amended June 6, 2002

Defendants-Appellants Nobelda and Leda Cabrera were convicted under 18 U.S.C. � 371 (1994) of conspiracy to encourage or induce illegal immigrants to come to, enter, or reside in the United States in violation of 8 U.S.C. � 1324(a)(1)(A)(iv) (1994). In this consolidated appeal, Nobelda and Leda Cabrera urge this court to vacate their sentences and remand for resentencing on the ground that the district court committed three errors in calculating the total offense levels on which their sentences are based. They argue that the district court improperly (1) increased their offense levels based on the erroneous finding that the offense involved the smuggling of twenty-five or more illegal immigrants into the United States, (2) increased their offense levels based on the erroneous finding that Nobelda and Leda Cabrera acted as leaders or organizers in the conspiracy, and (3) refused to reduce their offense levels for acceptance of responsibility. For the following reasons, we conclude that the district court’s findings on these three issues are not clearly erroneous, and thus we AFFIRM Nobelda and Leda Cabrera’s sentences.

I. FACTUAL AND PROCEDURAL BACKGROUND

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