United States v. Cordoba-Hincapie

United States District Court for the Eastern District of New York · 1993 · Criminal Law

Criminal Lawmens reasentencingnarcotics importationmistake of factmens reamistake of factdrug type

Facts

Cordoba-Hincapie imported 772.8 grams of heroin from Colombia, and Buelvas-Castro imported 686.7 grams of heroin from Colombia. Each testified at sentencing that the courier handler in Colombia told them the balloons contained cocaine, and each said he or she believed that representation. After hearing testimony and considering the defendants' backgrounds, circumstances, and the similarity and Colombian context of cocaine and heroin, the court found beyond a reasonable doubt that both defendants believed they were importing cocaine. Under the Guidelines, heroin carried a higher range than cocaine for the quantities involved.

Issue

When a defendant imports heroin but credibly proves at sentencing that she believed the substance was cocaine, must the court sentence based on the heroin actually imported or limit punishment to the drug the defendant believed she was importing? More broadly, how should a mistake of fact about drug type be treated at the sentencing phase under the narcotics statutes and Guidelines?

Rule

In sentencing a narcotics-importation defendant, the court should presume that the defendant knew the type of narcotics carried, but the defendant must be allowed to rebut that presumption by introducing evidence at sentencing that she believed the drugs were of a different type. If the defendant rebuts the presumption and establishes lack of mens rea as to the actual drug type, the government then bears the burden to establish mens rea; punishment must be limited by the defendant's culpability and based on the drug type the defendant believed she was importing rather than the more serious drug actually carried.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Elena Ruiz flew from Lima to New York carrying pellets that in fact contained heroin. At sentencing after pleading guilty to importing a controlled substance, she offers credible testimony, corroborated by text messages from her recruiter, that she was told the pellets contained cocaine and that she believed that statement.

How should the sentencing court treat Elena's claim under the governing rule?

Explanation. The rule is that, at sentencing, the court presumes the importer knew the drug type, but the defendant may rebut that presumption with evidence that she believed it was a different drug. If she establishes lack of mens rea as to the actual drug type, punishment must be limited to the drug she believed she was importing. The case distinguishes guilt of importing some controlled substance from grading punishment by specific drug type.