United States v. Ceballos

U.S. Court of Appeals for the First Circuit

United States v. Ceballos

Opinion

          United States Court of Appeals
                     For the First Circuit


No. 23-1610

                         UNITED STATES,

                           Appellee,

                               v.

         JOSÉ M. CEBALLOS, t/n José M. Guzmán-Ceballos,

                      Defendant, Appellant.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                FOR THE DISTRICT OF PUERTO RICO

       [Hon. Silvia L. Carreño-Coll, U.S. District Judge]


                             Before

                  Gelpí, Thompson, and Aframe,
                        Circuit Judges.


     MariaCarolina Gomez Gonzalez, Assistant Federal Public
Defender, with whom Rachel Brill, Federal Public Defender, and
Franco L. Pérez-Redondo, Assistant Federal Public Defender,
Supervisor, Appellate Unit, were on brief, for appellant.

     Maarja Tiganik Luhtaru, Assistant United States Attorney,
with whom W. Stephen Muldrow, United States Attorney, and Mariana
E. Bauzá-Almonte, Assistant United States Attorney, Chief,
Appellate Division, were on brief, for appellee.


                         June 18, 2025
           GELPÍ, Circuit Judge.          Defendant-Appellant José Miguel

Guzmán-Ceballos     ("Guzmán-Ceballos")1         was     sentenced     to     ninety

months' imprisonment for his role in transporting 385 kilograms of

cocaine    from     the     Dominican        Republic        to     Puerto       Rico.

Guzmán-Ceballos     pleaded      guilty   to   all     counts     without    a    plea

agreement but argued for a mitigating role adjustment under § 3B1.2

of the United States Sentencing Guidelines ("U.S.S.G." or "the

Guidelines"),     which    the    district     court    denied.        Before     us,

Guzmán-Ceballos challenges the procedural reasonableness of his

sentence, arguing that the district court failed to engage in the

appropriate   legal    analysis     in    denying      him   a    mitigating      role

adjustment under U.S.S.G. § 3B1.2.               We agree and, accordingly,

remand for resentencing.

                                 I. BACKGROUND

           Because Guzmán-Ceballos pleaded guilty to all counts, we

draw the   relevant facts from the undisputed                     sections of the

presentence       report    ("PSR"),       the       transcripts       from        the

change-of-plea and sentencing hearings, and the sentencing record.

See United States v. De La Cruz, 
91 F.4th 550, 551
 (1st Cir. 2024).

As we have done in the past, "[w]e confine our discussion of the

facts to those necessary to frame the issues on appeal," which



1 During the change-of-plea hearing held on March 21, 2023,
Defendant-Appellant stated his full name as José Miguel
Guzmán-Ceballos. We refer to him by his stated last name.


                                     - 2 -
stem from      Guzmán-Ceballos's    participation in a drug-smuggling

venture from the Dominican Republic to Puerto Rico.             United States

v. Hernandez-Maldonado, 
793 F.3d 223, 225
 (1st Cir. 2015).

                                 A. The Voyage

              On April 17, 2021, a United States reconnaissance plane

detected an unidentified boat approximately eighty-eight nautical

miles off the coast of Aguadilla, Puerto Rico.                The U.S. Coast

Guard ("Coast Guard"), in due course, deployed a ship and a

helicopter to intercept the vessel.             The Coast Guard's helicopter

opened fire after the boat failed to stop, causing it to halt.               As

the   Coast    Guard   engaged    the    crew,    an   unidentified    occupant

jettisoned numerous "bales" from the boat, which the Coast Guard

later recovered from the ocean.

              The Coast Guard then approached and boarded the boat.

Coast     Guard     officers      identified      three     people     onboard:

Guzmán-Ceballos,       Juan José Lantigua ("Lantigua"),          and    Dominga

Tavera ("Tavera").       Guzmán-Ceballos and Tavera made verbal claims

of Dominican Republic nationality for themselves and the boat.               In

total, the vessel was carrying eighteen bales containing 385

kilograms (net weight) of cocaine.          After securing the narcotics,

the Coast Guard arrested the individuals before transferring them

to the custody of the Drug Enforcement Administration.

              Guzmán-Ceballos later revealed the circumstances that

led     him    to   participate     in    the     voyage.      According     to


                                    - 3 -
Guzmán-Ceballos, he worked as a fisherman until the COVID-19

pandemic disrupted the Dominican economy.       Without consistent

income from fishing, Guzmán-Ceballos struggled to provide for this

family.   Around that time, Lantigua recruited Guzmán-Ceballos to

help smuggle drugs into Puerto Rico.    Guzmán-Ceballos claims that

he did not have any relationship with the buyer or seller of the

drugs, did not know the source or destination of the same, and did

not plan nor organize the voyage.   Rather, he was provided a vessel

with the drugs already loaded and told approximately when to leave

and where to go.    In addition to the three people on the boat,

Guzmán-Ceballos claimed that there were "at least six others at

the beach" from where the boat departed.

                   B. Pre-Sentencing Proceedings

          All three boat occupants were indicted in the District

of Puerto Rico.    Guzmán-Ceballos, specifically, was charged with

five counts: (1) conspiracy to possess with intent to distribute

five kilograms or more of cocaine aboard   a vessel in violation of

46 U.S.C. §§ 70503
(a)(1) and 70506(b) (Count I); (2) possession

with intent to distribute five kilograms or more of cocaine aboard

a vessel in violation of 
46 U.S.C. § 70503
(a)(1) and 
18 U.S.C. § 2

(Count II); (3) conspiracy to import five kilograms or more of

cocaine into the United States in violation of 
21 U.S.C. §§ 952
(a),

960(a) and (b)(1)(B), and 963 (Count III); (4) jettisoning cocaine

from a vessel in violation of 
46 U.S.C. § 70503
(a)(2) and 18 U.S.C.


                               - 4 -
§ 2 (Count IV); and (5) failure to heave in violation of 
18 U.S.C. § 2237
 (Count V).

            The district court held a change-of-plea hearing on

March 21, 2023.      During that hearing, Guzmán-Ceballos pleaded

guilty to all counts without a plea agreement.                The district court

then scheduled sentencing for June 20, 2023.

            Before      sentencing,       the     U.S.       Probation       Office

("Probation") filed the PSR.          Probation did not consider whether

Guzmán-Ceballos warranted any sentencing adjustments for his role

in    the    offense.        However,        Probation        recommended         that

Guzmán-Ceballos's base offense level be decreased by three points

for   accepting   responsibility       for      the    offense    and    assisting

authorities with the investigation.             Taking that adjustment into

account,    Probation    calculated     a     total    offense     level     of   33.

Guzmán-Ceballos objected to the PSR, arguing that Probation failed

to apply the mitigating role adjustment under U.S.S.G. § 3B1.2.

                           C. Sentencing Hearing

            At his sentencing hearing, Guzmán-Ceballos highlighted

his objections to the PSR and argued for application of the

mitigating    role   adjustment       under     U.S.S.G.      § 3B1.2.        After

considering    arguments    from    the     parties,        the   district    court

rejected    Guzmán-Ceballos's      objections         and   adopted     Probation's

recommendations in the PSR. While the district court did not offer

any additional reasons for denying Guzmán-Ceballos's objections to


                                    - 5 -
the PSR, it stated that it would vary below the Guidelines range

based   on   "the    [18    U.S.C.      §]    3553(a)    factors,    [his]   special

characteristics, [his] role in the offense, the nature of the

offense and all that."        Accordingly, the district court determined

a total offense level of 31 and a criminal history category of I.

That calculation yielded a sentencing range of 108 to 135 months'

imprisonment.          The        district       court    ultimately       sentenced

Guzmán-Ceballos       to   ninety       months'      imprisonment    for   Counts    I

through IV and sixty months' imprisonment for Count V to be served

concurrently.       Guzmán-Ceballos objected to the sentence before the

conclusion of the hearing, arguing once again that the district

court should have granted his objection to the PSR and, for that

reason, the sentence imposed was "unreasonably high." The district

court   "[d]uly      noted"       his    objection       before     concluding     the

sentencing hearing.

             Guzmán-Ceballos timely appealed.

                                   II. DISCUSSION

             Guzmán-Ceballos argues on appeal that the district court

erred in denying him a mitigating role adjustment under U.S.S.G.

§ 3B1.2.     In particular, Guzmán-Ceballos asserts that the district

court failed to conduct the necessary analysis before denying his

request -- namely,         that   it    did    not    identify    the   universe    of

participants in the offense and, subsequently, did not determine

Guzmán-Ceballos's culpability relative to the other participants.


                                         - 6 -
Failure to do so, Guzmán-Ceballos contends, constitutes reversible

legal error.2

                            A. Standard of Review

           We begin by determining the proper standard of appellate

review.    This     court    reviews    preserved       procedural    sentencing

challenges for abuse of discretion.         United States v. Bishoff, 
58 F.4th 18, 23
 (1st Cir. 2023).           Under the multilayered abuse of

discretion standard, we review the district court's findings of

fact for clear error and afford de novo review to claims regarding

the   district    court's      interpretation   and      application     of   the

Guidelines.      See United States v. Sierra-Jiménez, 
93 F.4th 565, 569
 (1st Cir. 2024).

           The government argues that Guzmán-Ceballos failed to

preserve his procedural argument because his objections below were

too   general.     Not   so.      "To   preserve    a    claim   of   procedural

sentencing error for appellate review, a defendant's objection

need not be framed with exquisite precision."                United States v.

Rivera-Berríos, 
968 F.3d 130, 134
 (1st Cir. 2020).               Instead, "[i]t


2 Guzmán-Ceballos further asks us to remand for plenary resentencing

consistent with Amendment 821, Part B to the Guidelines, noting
that such amendment could reduce his advisory Guidelines range.
See U.S.S.G. Supp. App. C, Amend. 821, pt. B (2023). We decline
to consider this request, opting to leave it to the district court
to   decide  on   remand   whether   the  amendment   applies   to
Guzmán-Ceballos.   See United States v. Guía-Sendeme, 
134 F.4th 611
, 616 n.3 (1st Cir. 2025) (declining to consider an identical
request and, instead, leaving it to the district court to consider
whether the amendment applies on remand).


                                    - 7 -
is enough if the objection is 'sufficiently specific to call the

district court's attention to the asserted error.'"                    
Id.
 (quoting

United States v. Soto-Soto, 
855 F.3d 445
, 448 n.1 (1st Cir. 2017)).

            During the sentencing hearing, Guzmán-Ceballos argued

for   the   application    of   the    mitigating       role    adjustment     under

U.S.S.G. § 3B1.2.        He renewed his objection after the district

court rendered its sentence and stated his belief that his sentence

was "unreasonably high" and that the district court should have

granted his objection to the PSR requesting a mitigating role

adjustment    under     U.S.S.G.      § 3B1.2.      With       these      statements,

Guzmán-Ceballos      alerted    the    district    court       of   his    procedural

challenge to his sentence, which the district court acknowledged

before concluding the sentencing hearing.               Because Guzmán-Ceballos

adequately preserved his procedural challenge, we review his claim

accordingly.

                          B. Minor Role Adjustment

            We    now   consider       the     merits    of     Guzmán-Ceballos's

procedural challenge to his sentence.               District courts "should

begin all sentencing proceedings by correctly calculating the

applicable Guidelines range."          Gall v. United States, 
552 U.S. 38, 49
 (2007).       Section 3B1.2 of the Guidelines allows the district

court to decrease a defendant's offense level for being somewhere

between a "minimal" or a "minor" participant in the offense.                      See

U.S.S.G. § 3B1.2.         A defendant requesting "a mitigating role


                                       - 8 -
adjustment bears the burden of proving, by a preponderance of the

evidence, that he is entitled to the downward adjustment."                    United

States v. Pérez, 
819 F.3d 541, 545
 (1st Cir. 2016).

           The sentencing court must conduct a "four-part analysis"

to determine whether the defendant has met his burden and, thus,

qualifies for an adjustment under § 3B1.2.                    United States v.

Guía-Sendeme, 
134 F.4th 611
, 617 (1st Cir. 2025).                      First, the

district   court   "must       identify     the   universe     of     participants

involved in the relevant criminal activity."                 
Id.
    Second, after

identifying the universe of participants, the district court "must

order each participant along a continuum based on the degree of

culpability in the criminal activity."                 
Id.
         "Those who are

primarily responsible stand on one end, while the least culpable

participants . . . stand at the opposite end."                 United States v.

Walker, 
89 F.4th 173, 185
 (1st Cir. 2023) (quotations omitted).

Third,   the   district      court     then    "must   identify       the    average

participant    across    all       likely   participants      in     the    criminal

scheme."   Guía-Sendeme, 134 F.4th at 617.

           At the last step, the district court must "compare the

defendant's    role     in    the    criminal     activity     to    the    average

participant's role."         Id.    "To measure a defendant's culpability

against that of the average participant, the sentencing court must

consider five non-exhaustive factors" outlined in the Guidelines




                                       - 9 -
(henceforth,    "the    § 3B1.2   factors").3       Id.   at    618;   see   also

U.S.S.G. § 3B1.2 cmt. n.3(C).       Along with the § 3B1.2 factors, the

court   must   also    consider   "the   totality    of   the    circumstances

and . . . the facts of the particular case." Id. (quoting U.S.S.G.

§ 3B1.2 cmt. n.3(C)).

           Because determining a defendant's role in an offense is

a fact-specific exercise, "we rarely reverse a district court's

decision regarding whether to apply a minor role adjustment."

Walker, 
89 F.4th at 185
 (quoting United States v. Andino-Rodríguez,

79 F.4th 7, 31
 (1st Cir. 2023)).         Notwithstanding this deferential

standard, "[a] district court by definition abuses its discretion

when it makes an error of law."          United States v. Quirós-Morales,

83 F.4th 79, 85
 (1st Cir. 2023) (quoting Koon v. United States,

518 U.S. 81, 100
 (1996)).         The district court commits reversible




3 The § 3B1.2 factors are as follows: 1) the degree to which the
defendant understood the scope and structure of the criminal
activity; 2) the degree to which the defendant participated in
planning or organizing the criminal activity; 3) the degree to
which the defendant exercised decision-making authority or
influenced the exercise of decision-making authority; 4) the
nature and extent of the defendant's participation in the
commission of the criminal activity, including the acts the
defendant performed and the responsibility and discretion the
defendant had in performing those acts; 5) the degree to which the
defendant stood to benefit from the criminal activity.         See
U.S.S.G. § 3B1.2 cmt. n.3(C).


                                   - 10 -
legal error when it fails to perform the correct mitigating role

analysis.       See Guía-Sendeme, 134 F.4th at 623.

            Applying         the   law     to        this    case,   we     agree      with

Guzmán-Ceballos that the district court did not engage in the

necessary four-part analysis before rejecting his objection to the

PSR.      The    district      court     did    not     identify     the   universe     of

participants, nor did it order the participants along a continuum

of   culpability        to    identify    the        average    participant       in    the

trafficking      scheme.        Neither        did    the    district     court   compare

Guzmán-Ceballos's role in the trafficking operation to that of the

average    participant,         which     includes          considering    the    § 3B1.2

factors.     Rather, the district court stated its belief that the

Guidelines calculations in the PSR "satisfactorily reflect the

components       of   this     offense     by        considering     its    nature     and

circumstances."         In reaching that conclusion, the district court

mentioned that it had considered "other sentencing factors" under

18 U.S.C. § 3553
(a) and Guzmán-Ceballos's "participation" in the

offense.        Since it is not apparent from the record that the

district        court        performed         the     necessary        inquiry        into

Guzmán-Ceballos's role in the drug trafficking scheme, we must

vacate his sentence and remand for resentencing.

            The government argues that the district court adequately

identified the universe of participants by limiting its inquiry to

the three people on the boat.                  Again, we disagree.           As we have


                                         - 11 -
explained,    when        determining     the    universe     of   participants,

sentencing    courts       must   first   make    a   legal   determination     to

ascertain the scope of the relevant conduct for which the defendant

is being held accountable and then must perform an "invariably

fact-specific" inquiry to identify the discernable participants

involved in the particular conduct.              See Guía-Sendeme, 134 F.4th

at 622 (quoting United States v. Arias-Mercedes, 
901 F.3d 1, 7

(1st Cir. 2018)).         In drug trafficking operations such as the one

described in this case, "[l]imiting the universe of participants

to only those aboard 'the hazardous voyage' when performing a

mitigating role analysis, as the district court did here, is

inconsistent with the Guidelines' intent for courts to consider a

defendant's role based on all relevant conduct under U.S.S.G.

§ 1B1.3."     Id. at 620.          Instead, the Guidelines call on the

district    court    to    "compare     the   defendant     against   all   likely

participants involved with the shipment, including those involved

with the shipment's preparation and efforts to avoid detection."

Id. In his objections to the PSR, Guzmán-Ceballos noted that there

were "at least six others at the beach" when the boat departed

from the Dominican Republic.            Nonetheless, the district court did

not consider the record evidence to determine whether there were

other discernible participants in the drug shipment outside of the




                                      - 12 -
"three people on th[e] boat."            That was error under our § 3B1.2

precedent.

              The government also posits that the district court did

not err in failing to expressly mention the § 3B1.2 factors,

insisting that the record shows that "the district court clearly

had    [the    § 3B1.2]    factors"      and     Guzmán-Ceballos's         "relative

culpability in mind" when it considered his objections to the PSR.

While the district court's analysis of the § 3B1.2 factors need

not be "extensive," it must include "both a judgment about the

defendant's      own     conduct   and       a    comparison    to    the     other

participants."         Walker, 
89 F.4th at 187
.           The district court's

decision here lacks any mention or reference to the                         § 3B1.2

factors, let alone, any meaningful analysis of them.                 But, even if

we assumed that the district court's mention that Guzmán-Ceballos

did not "really benefit from the venture" means that it had in

mind one of the § 3B1.2 factors, we still cannot affirm on that

basis alone.      See Guía-Sendeme, 134 F.4th at 624 n.5 (explaining

that   although    "courts    need     not       list   expressly    the    factors

enumerated in Application Note 3(C) . . . courts must address all

§ 3B1.2 factors that are pertinent to the inquiry" (citation

omitted)); see also United States v. Wynn, 
37 F.4th 63, 68
 (2d




                                      - 13 -
Cir. 2022) (vacating sentence because the district court failed to

consider all relevant mitigating role factors).

           Our conclusion here is bolstered by the district court's

lack of explanation for rejecting Guzmán-Ceballos's objection.

The   district   court   simply   stated   it   could   not   "grant   those

objections."     That is insufficient.     As we have repeatedly held,

"sentencing courts must give sufficient explanation to 'allow for

meaningful appellate review.'"       Walker, 
89 F.4th at 187
 (quoting

Gall, 
552 U.S. at 50
).

                            III. CONCLUSION

           For the foregoing reasons, we vacate Guzmán-Ceballos's

sentence and remand for resentencing in accordance with this

opinion.

           So ordered.




                                  - 14 -


Reference

Status
Published