United States v. Martinez
| Decision Date | 18 April 2023 |
| Docket Number | CR 22-0461 JB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. NATHAN A. MARTINEZ, Defendant. |
| Court | U.S. District Court — District of New Mexico |
Alexander M. M. Uballez
United States Attorney
David B. Hirsch
Assistant United States Attorney
United States Attorney's Office
Albuquerque, New Mexico
Attorneys for the Plaintiff
Federal Public Defender
Martin Juarez
Assistant Federal Public Defender
Office of the Federal Defender
Albuquerque, New Mexico
Attorneys for the Defendant
MEMORANDUM OPINION AND ORDERTHIS MATTER comes before the Court on the Defendant's Objections to the Presentence Report, filed March 13, 2023 (Doc. 45)(“Objections”). In the Objections, Defendant Nathan A. Martinez objects to the Presentence Investigation Report, filed February 28, 2023 (Doc. 43)(“PSR”). See Objections at 1-3. The primary issues are: (i) whether the record supports a finding by a preponderance of the evidence that Martinez was an organizer, leader, manager, or supervisor in a drug trafficking organization, such that his base offense level is subject to a 2-level enhancement under § 3B1.1(c) of the United States Sentencing Guidelines (“Guidelines” or “U.S.S.G.”); and (ii) whether Martinez played a minor or minimal role in the drug trafficking organization, such that his base offense level is subject to: (a) a 3-level reduction under U.S.S.G. § 3B1.2, and (b) an additional 3-level reduction under U.S.S.G. § 2D1.1(a)(5)(ii). The Court concludes that: (i) Plaintiff United States of America has not met its burden to prove by a preponderance of the evidence that Martinez was an organizer, leader, manager, or supervisor of the drug trafficking organization; and (ii) Martinez has not met his burden to prove by a preponderance of the evidence that he played only a minor or minimal role in the drug trafficking organization. The Court, therefore, will not apply either enhancement or reduction. Martinez' base offense level is 34, and he receives a 2-level enhancement for obstruction of justice and a 3-level reduction for acceptance of responsibility. A conviction under 18 U.S.C. § 924(c) carries a mandatory 60-months of imprisonment to run consecutively to any other term of imprisonment. Accordingly, with a total offense level of 33 and a criminal history category of V, Martinez' Guideline sentencing range is 270 to 322 months.
On February 23, 2022, officers from the Drug Enforcement Agency (“DEA”) arranged to purchase methamphetamine from Martinez in Albuquerque, New Mexico.[1]See PSR ¶ 8, at 4-5. Martinez sold an undercover officer 514.2 net grams of pure methamphetamine for $4,500.00.[2]See PSR ¶ 8, at 5; Plea Agreement ¶ 9(a), at 8, filed December 28, 2022 (Doc. 40). After completing the transaction, Martinez drove away, at which point DEA agents initiated a traffic stop. See PSR ¶ 8, at 5; Plea Agreement ¶ 9(b) at 8. Martinez attempted to flee, but the agents disabled his vehicle and arrested Martinez. See PSR ¶ 8, at 5; Plea Agreement ¶ 9(b), at 8. Agents searched Martinez' vehicle and found cash beyond the $4,500.00 which he had just received, additional drugs, some of which were in quantities consistent with personal use, drug paraphernalia, and two firearms. See PSR ¶ 9, at 5; Plea Agreement ¶¶ 9(c)-(g), at 8-9. At the time of Martinez' arrest, he was a convicted felon. See PSR ¶ 9, at 5; Plea Agreement ¶ 9(h), at 9.
The Grand Jury indicted Martinez on five counts: (i) two violations of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) for distribution and possession with intent to distribute 50 grams and more of methamphetamine; (ii) one violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), for possession with intent to distribute 40 grams and more of fentanyl; (iii) one violation of 18 U.S.C. § 924(c)(1)(A)(i), for using and carrying a firearm during a drug trafficking crime; and (iv) one violation of 18 U.S.C. §§ 922(g)(1) and 924, for being a felon in possession of a firearm and ammunition. See Indictment at 1-3, filed March 23, 2023 (Doc. 16). On December 28, 2022, Martinez pled guilty to all five counts and entered into the Plea Agreement pursuant to rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure. See Plea Agreement ¶ 3, at 2; Fed. R. Crim. P. 11(c)(1)(C). The Plea Agreement states that the parties have agreed to a specific sentence of 180 months of imprisonment, and leaves a determination regarding any fine, restitution, or term and conditions of supervised release to be imposed to the Court. See Plea Agreement ¶ 11, at 9-10. Martinez additionally agrees not to seek a downward departure or variance from the specific 180-month sentence. See Plea Agreement ¶ 16, at 11-12. Martinez also waives his right under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 to appeal his conviction and the sentence imposed. See Plea Agreement ¶ 23, at 14.
The United States Probation Office (“USPO”) filed its PSR on February 28, 2023. See PSR at 1. The PSR groups Count 5, felon in possession of a firearm and ammunition, with Counts 1 through 3 for Guideline calculation purposes, “because it embodies conduct that is treated as a specific offense characteristic in, or other adjustment to, the guideline applicable to the other counts, pursuant to § 3D1.2(c).” PSR ¶ 16, at 6. Accordingly, the PSR does not calculate a separate imprisonment range for Count 5. Additionally, the PSR excludes Count 4, use and carrying of a firearm during a drug trafficking crime, from any grouping rules and notes that Count 4's Guideline sentence is the mandatory minimum term of imprisonment that § 924 imposes: 60 months, to run consecutively to all other counts. See PSR ¶ 17, at 6; Id. ¶ 67, at 19; 18 U.S.C. §§ 924(c)(1)(A)(i), (D)(ii); U.S.S.G. § 2K2.4(b) & cmt. 2(A). To calculate the grouped Counts' Guideline offense level, the PSR begins with a base offense level of 34, based on a converted drug weight of 12,575.80 kilograms. See PSR ¶ 18, at 7. The PSR then applies: (i) a 2-level enhancement for Martinez' role as an organizer, leader, manager, or supervisor in the criminal activity under § 3B1.1(c); (ii) a 2-level enhancement for obstruction of justice based on Martinez' flight from a law enforcement officer under § 3C1.2; (iii) a 2-level reduction for acceptance of responsibility; and (iv) a 1-level reduction for Martinez' timely notifying authorities of his intent to plead guilty. See PSR ¶¶ 21-26, at 7. Accordingly, the PSR calculates a total offense level of 35. See PSR ¶ 27, at 7. After reviewing Martinez' criminal history, the PSR assigns him a criminal history score of 11 and a criminal history category of V. See PSR ¶¶ 40-41, at 14. The PSR, therefore, calculates Martinez' Guideline imprisonment range for the grouped counts to be 262 to 327 months and, given the mandatory 60 months of consecutive imprisonment for Count 4, calculates a combined Guideline imprisonment range of 322 to 387 months. See PSR ¶ 67, at 19.
Martinez filed his Objections on March 13, 2023. See Objections at 1. Martinez objects to “any allegation that he was a ‘leader', ‘lieutenant', or that he had any ‘decision-making authority' over other participants.” Objections at 1 (quoting PSR ¶ 11, at 5-6). Accordingly, he objects to the PSR's imposition of an enhancement under U.S.S.G. § 3B1.1(c), which provides that, “[i]f the defendant was an organizer, leader, manager, or supervisor in any criminal activity other than described in (a) or (b), increase by 2 levels.” U.S.S.G. § 3B1.1(c). See Objections at 1 (citing PSR ¶ 21, at 7). In support of his Objections, Martinez asserts that the record does not support a finding that he: (i) was an organizer or leader; (ii) had control over subordinates; (iii) acted as a drug ring's moneyman; (iv) recruited others; (v) transported subordinates to drug deals; (vi) directed drug deliveries; (vii) supplied narcotics to others to sell while reaping the profits; (viii) managed a criminal organization's property, assets, or activities; or (ix) held decision-making authority or control over others. See Objections at 1-2 (citing United States v. Valdez-Arieta, 127 F.3d 1267, 1272 (10th Cir. 1997); United States v. Billingsley, 115 F.3d 458, 465 (7th Cir. 1997); United States v. Garin, 103 F.3d 687, 690 (8th Cir. 1996)); United States v. Bernaugh, 969 F.2d 858, 864 (10th Cir. 1992). Martinez also asserts that, although he acknowledges he was a participant in the offense and that the PSR notes that there was a passenger in the car with him when he sold the methamphetamine to the undercover agent, he did not exercise or influence decision-making authority, his “understanding of the scope and structure of the criminal activity was limited, [and] the facts do not suggest that Mr. Martinez had any planning or organizational role.” Objections at 2. Accordingly, Martinez argues that the Court should apply reductions under both U.S.S.G. §§ 2D.1.1(a)(5)(ii) and 3B1.2, which “would reduce Mr. Martinez's guideline range closer to the agreed upon 180 months of incarceration.” Objections at 2. In conclusion, Martinez argues that the Court should reduce his base offense level by 3 levels under § 2D1.1(a)(5)(ii) and by 3 levels under § 3B1.2, and that the Court should not apply an enhancement under § 3B 1.1(c). See Objections at 3. According to Martinez, this calculation would result in a Guideline range of 100 to 125 months of imprisonment for Counts 1, 2, 3, and 5, and an additional 60 months of imprisonment for Count 4, resulting in a total 160 to 185 month imprisonment range. See Objections at 3.
The United States responds to Martinez' Objections. See United States' Response to Defendant's Sentencing Memorandum and Objections to the Presentence Report, filed March 17, 2023 (Doc 47)(“Response”). ...
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