USA v. Ruperto Arturo Roldan Torres, (11th Cir. 2007)
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[D O NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
F O R THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APR 16, 2007
THOMAS K. KAHN
N o . 06-12037
CLERK
N o n - A r g u m e n t Calendar
D . C. Docket No. 03-20802-CR-JAL
U N IT E D STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUPERTO ARTURO ROLDAN TORRES,
a.k.a. El Loco,
a.k.a. Beto,
Defendant-Appellant.
A p p e al from the United States District Court
fo r the Southern District of Florida
(A p ril 16, 2007)
B efo re BLACK, MARCUS and PRYOR, Circuit Judges.
P E R CURIAM:
R u p erto Arturo Roldan Torres appeals his sentence following his plea of g u ilty to conspiracy to import and attempt to import cocaine, 21U.S.C. §§ 952(a), 9 6 0 (b )(1 )(B ), 963, and conspiracy to possess with intent to distribute cocaine, id.
§ § 841(b)(1)(A)(ii), 846. Torres argues for the first time on appeal that the g o v e r n m e n t breached the plea agreement by recommending an enhancement based o n Torres's role as captain of a go-fast boat. We disagree. The plea agreement states that the government would recommend that "the defendant should not receiv e an adjustment for role in the offense pursuant to Section 3B1.1 or 3B1.2" o f the Guidelines, but the government never recommended an enhancement under e ith e r sections 3B1.1 or 3B1.2, and Torres's sentence was not enhanced under e ith e r of these sections. The district court increased Torres's base offense level u n d e r section 2D1.1(b)(2)(B), which requires a 2-level increase for one who "acted a s a pilot, copilot, captain, navigator, flight officer, or any other operation officer a b o a r d any craft or vessel carrying a controlled substance." Torres admitted that h e was captain of the go-fast boat. Torres's sentence is AFFIRMED.
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