United States v. Leal
| Decision Date | 25 January 2021 |
| Docket Number | No. CR 16-3308 JB,No. CR 16-3069 JB,CR 16-3069 JB,CR 16-3308 JB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. GASPAR LEAL, Defendant. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on: (i) the Defendant's Sealed Sentencing Memorandum,1 filed February 4, 2020 (Doc. 222)("Sentencing Memorandum"); and (ii) the United States' Sentencing Memorandum, filed February 5, 2020 (Doc. 223)("U.S. Sentencing Memorandum"). The Court held a sentencing hearing on February 13, 2020. See Clerk's Minutes at 1, filed February 13, 2020 (Doc. 151) The issue is whether the Court should sentence Defendant Gaspar Leal to 480-months of imprisonment, which is the sentence the Plaintiff United States of America requests and is within the Guideline sentencing range of 360 months to life, based on Leal's convictions for Conspiracy to Distribute 50 Grams and More of Methamphetamine, in violation of 21 U.S.C. § 846, 21 U.S.C. § 841(b)(1)(A), and Conspiracy to Distribute 50 Grams and More of a Mixture and Substance Containing a Detectable Amount of Methamphetamine, inviolation of 21 U.S.C. § 846, 21 U.S.C. § 841(b)(1)(B), or whether the Court should grant Leal's requested downward variance based on his diminished capacity at the time of his offenses. Having weighed carefully the factors in 18 U.S.C. § 3553(a), the Court determines that a 360-month imprisonment term sentence is appropriate, because any lesser sentence would not be sufficient to reflect the factors in 18 U.S.C. § 3553(a), and a 360-month imprisonment term sentence complies with 18 U.S.C. § 3553(a)(2)'s purposes.
The Court takes its facts from the Presentence Investigation Report filed October 1, 2019 (Doc. 213)("PSR"), because the parties make no objections to the facts. The Court provides these facts for background. It does not adopt them as the truth, and it recognizes that these facts are largely Plaintiff United States of America's version of events.
Leal's first offense conduct, for which the Court currently sentences him, occurred in approximately April, 2016. See PSR ¶ 9, at 6. In April, 2016, an Alcohol, Tobacco, Firearms, and Explosives ("ATF") agent received a business card bearing a company name "Mobile Leal Clean Cuts," as well as an individual's name "Gaspar Leal Jr., Fade Specialist," and a telephone number. PSR ¶ 9, at 6. Upon conducting research on Leal, the ATF agent discovered that Leal had a criminal record. See PSR ¶ 9, at 6. The ATF agent also learned that, at the time, Leal currently was on parole for convictions in the Second Judicial District Court in Albuquerque, New Mexico for (i) Trafficking (By Possession with Intent to Distribute Heroin), Docket No. D-202-CR 2012-01021 and a crime of violence, and Kidnapping, Docket No. D-202-CR-2012-03059. See PSR ¶ 9, at 6. The ATF agent passed this information, along with Leal's business card, to a Confidential Informant ("CI"). PSR ¶ 9, at 6. Shortly thereafter, the CI made contact with Leal, and engaged with him in multiple conversations. See PSR ¶ 10, at 6. During certain conversations, Lealdisclosed to the CI that: (i) he was from Chicago; (ii) he had previously served time in prison; (iii) while in prison, he worked as a barber; and (iv) and he was currently on parole. See PSR ¶ 9, at 6. During the conversations, the CI noted that there was an ankle monitoring bracelet on Leal's ankle. See PSR ¶ 10, at 6.
On May 7, 2016, the CI met with Leal at Leal's residence for a prearranged haircut. See PSR ¶ 11, at 6. The CI reports that the haircut at Leal's residence took two hours, because of the heavy volume customers arriving at Leal's residence to purchase narcotics. See PSR ¶ 11, at 6. The CI also reports that, on May 7, 2016, Leal was in possession of "crack" cocaine, powder cocaine, heroin, and crystal methamphetamine. PSR ¶ 11, at 6.
Three days later, on May 10, 2016, the CI met with a subject who introduced himself as "Pete." PSR ¶ 12, at 6. The CI met with Pete to purchase methamphetamine. See PSR ¶ 11, at 6. Beginning around this time, in addition to having conversations with Pete, the CI started purchasing methamphetamine from Leal. See PSR ¶ 12, at 6. Accordingly, on May 10, 2016, the CI called Leal requesting methamphetamine, to which Leal referred the CI to his source of supply ("SOS"), Pete, for the purchase. PSR ¶ 12, at 6. After the CI agreed to pick up Pete, Pete indicated that the methamphetamine would be priced at $600.00 per ounce. See PSR ¶ 12, at 6.
Once the CI picked up Pete, the CI expressed interest to Pete in purchasing two ounces of methamphetamine. See PSR ¶ 13, at 6. Pete responded to the CI's request by stating that his SOS could supply the methamphetamine. See PSR ¶ 13, at 6. Pete also reported to the CI that, when he lived in Las Vegas, Nevada, he would distribute "half a pound of dope a night." PSR ¶ 13, at 6. Pete subsequently informed the CI that he could obtain firearms and referenced a different SOS for drugs and guns. See PSR ¶ 13, at 6. As it related to the immediate sale, Pete told the CI that he then could acquire marijuana for $2,100.00 per pound, at which point, the CI and Petenegotiated the sale of 3.5 grams of methamphetamine for $100.00. See PSR ¶ 13, at 6. After Pete weighed five small plastic baggies of methamphetamine on his scale, the CI paid him $100.00. PSR ¶ 13, at 6. Subsequent drug laboratory reports reflect that the 3.5 grams of methamphetamine was 100.0% pure, with a net weight of 3.2 grams. See PSR ¶ 13, at 6. Pete and the CI then agreed to meet later in the day so that the CI could purchase two additional ounces of methamphetamine, which Pete stated he would get from his SOS. See PSR ¶ 13, at 6. Two hours later, however, Pete called the CI, informing the CI that he could not make contact with his SOS. See PSR ¶ 13, at 6. At this point, the CI contacted Leal, who confirmed that the transaction occurred between the CI and Pete. See PSR ¶ 13, at 6. Leal also told the CI that he had access to another SOS, from whom he could obtain the methamphetamine for the CI's next purchase. See PSR ¶ 13, at 6.
On May 12, 2016, the CI met Leal at his apartment to make the methamphetamine purchase. See PSR ¶ 14, at 6. Leal's SOS, however, was not able to retrieve the CI's requested two ounce quantity of methamphetamines. See PSR ¶ 14, at 6. Leal, therefore, sold heroin and methamphetamine only to the CI on May 12, 2016, for $70.00. See PSR ¶ 14, at 6. Leal reported to the CI that the methamphetamine weighed 0.5 grams, including packaging, while the heroin weighed 1.2 grams, with packaging. See PSR ¶ 14, at 6. The subsequent drug laboratory report reflects that the heroin and methamphetamine, without packaging, weighed 0.2565 grams, and the methamphetamine was of 100% purity. See PSR ¶ 14, at 6.
On June 6, 2016, Leal was taken into custody for unrelated conduct and detained in the Bernalillo County Jail. See PSR ¶ 15, at 7. While in custody, Leal arranged for the CI and an Undercover Agent ("UA") to purchase methamphetamine from "Auroa," a woman later identified to be Bernadette Tapia ("B. Tapia"). See PSR ¶ 15, at 7. While in Bernalillo County custody, Leal also advised the CI and the UA that he could arrange for them a firearm purchase. SeePSR ¶ 15, at 7.
Under Leal's direction from Bernalillo County Jail, on June 8, 2016, the CI and B. Tapia met at a predetermined location. See PSR ¶ 16, at 7. B. Tapia arrived at the location in a vehicle that her daughter, Candace Tapia ("C. Tapia") drove. PSR ¶ 16, at 7. As the group awaited the arrival of B. Tapia's SOS -- the individual who would be supplying the CI with the drugs -- B. Tapia told the CI that she knew Leal through her "man," who also knew Leal. PSR ¶ 16, at 7. At this point, the SOS contacted B. Tapia, advising her that he or she was stuck in traffic. See PSR ¶ 16, at 7. Immediately thereafter, C. Tapia and B. Tapia told the CI that they could obtain the two ounces of methamphetamine from a difference source. See PSR ¶ 16, at 7. After the CI agreed to the alternative arrangement, the group traveled to a parking lot at a different location. See PSR ¶ 16, at 7.
Next, C. Tapia and the UA traveled to C. Tapia's residence, where the two awaited C. Tapia's SOS. See PSR ¶ 17, at 7. During this time, the CI and B. Tapia remained in the second parking lot. See PSR ¶ 17, at 7. Eventually, C. Tapia's SOS arrived at C. Tapia's residence, identifying himself as Brandon Candelaria, C. Tapia's boyfriend. See PSR ¶ 17, at 7. Candelaria then provided C. Tapia the methamphetamine, and C. Tapia, in turn, sold the UA the two ounces of methamphetamine for $1,350.00. See PSR ¶ 17, at 7.
Once C. Tapia and the UA returned to the parking lot, C. Tapia told the UA to contact her in the future for additional purchases. See PSR ¶ 18, at 7. At this time, the UA paid $50.00 to C. Tapia, and paid $60.00 to B. Tapia for her assistance in brokering the transaction. See PSR ¶ 18, at 7. B. Tapia then told the UA that she, too, had multiple sources of methamphetamine supply. See PSR ¶ 18, at 7. At that particular moment, as B. Tapia explained, she had purchased eight balls of methamphetamine to sell, with each ball weighing 3.5 grams. See PSR ¶ 18, at 7. B.Tapia also advised the UA that she could get methamphetamine all day and indicated that she had customers with many sales pending. See PSR ¶ 18, at 7. On June 9, 2016, ATF agents placed $60.00 in Leal's commissary for his assistance in brokering the deal. See PSR ¶ 18, at 7. A subsequent drug laboratory report reflects that C. Tapia had provided the UA a net weight of 55.75 grams of methamphetamine, with a 93.0% purity level. See PSR ¶ 18, at 7.
On June 9, 2016, Leal contacted the CI again, advising the CI that he could arrange another drug transaction, because there was a guy who owed Leal. See PSR ¶ 19, at 7. To help initiate the deal, Leal contacted B. Tapia,...
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