United States v. Cortes-Castro, 030713 FED11, 11-15539
|Docket Nº:||11-15539, 11-15682, 11-15892|
|Opinion Judge:||PER CURIAM:|
|Party Name:||UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ERNESTO CORTES-CASTRO, Defendant-Appellant UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALBERTO CORTES-CASTRO, Defendant-Appellant UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ISRAEL CORTES-MORALES, Defendant-Appellant|
|Judge Panel:||Before WILSON, PRYOR and ANDERSON, Circuit Judges.|
|Case Date:||March 07, 2013|
|Court:||United States Courts of Appeals, Court of Appeals for the Eleventh Circuit|
DO NOT PUBLISH
Appeals from the United States District Court for the Southern District of Florida D.C. Docket Nos. 1:11-cr-20005-ASG-4, 1:1 l-cr-20005-ASG-2
Ernesto Cortes-Castro, Alberto Cortes-Castro, and Israel Cortes-Morales appeal their sentences of 180 months of imprisonment for conspiring to traffic women to engage in commercial sex acts by force or coercion. 18 U.S.C. § 1594(c). Ernesto, Alberto, and Israel challenge the reasonableness of their sentences and the award of restitution. We affirm.
The Department of Homeland Security learned that Ernesto, Alberto, Israel, and a coconspirator were smuggling women from Mexico into the United States, where they were forced to become prostitutes. A grand jury returned a superseding indictment that charged Ernesto, Alberto, and Israel with conspiring to traffic women for prostitution by force or coercion, id., and with trafficking V.D. for prostitution by force or coercion, id. §§ 2, 1591(a), (b), and that charged Ernesto with trafficking C.E. for prostitution by force or coercion, id., and with transporting C.E. in interstate and foreign commerce with the intent that she engage in prostitution, id. §§ 2, 2421.
Ernesto, Alberto, and Israel entered identical agreements to plead guilty to the charge of conspiracy in exchange for the dismissal of their other charges. The plea agreements contained joint recommendations that the district court calculate the defendants' sentences using a base offense of 34, United States Sentencing Guidelines Manual § 2G1.1(a)(1) (Nov. 2010); that they receive a three-point reduction for their acceptance of responsibility, id. § 3E1.1(a); and that they receive a sentence within the advisory guidelines range. The agreement provided that the district court could depart from the advisory guidelines range and impose a sentence up to the maximum statutory sentence of imprisonment for life. The district court accepted the defendants' guilty pleas and adopted the recommendation to apply section 2G1.1.
The factual proffer submitted with the plea agreements stated that, between 2002 and December 2010, Ernesto, Alberto, Israel, and others "agreed to establish a sex trafficking and prostitution business in the United States, " in which "women would be transported from Mexico . . . into the United States, " where they "would be prostituted in exchange for money." Ernesto, Alberto, and Israel "kep[t] and controll[ed] some of the money that sex clients paid" and they "agreed to use various means of fraud, force, threats of...
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