United States v. Paulino Rios-Ledesma

MEMORANDUM

Defendant Paulino Rios-Ledesma appeals his sentence for numerous crimes committed while smuggling aliens illegally into the United States. Six of those crimes independently carry possible terms of life imprisonment. Defendant nevertheless argues that his 57-year sentence is grossly disproportionate to his crimes and that it therefore violates the Eighth Amendment. Reviewing de novo, United States v. Barajas-Avalos, 377 F.3d 1040, 1060 (9th Cir.2004), we affirm.

Defendant, along with his four co-defendants, smuggled 31 undocumented aliens across the Arizona border. When they reached Tucson, the smugglers took the aliens to a stash house. The smugglers forcibly held the aliens there and threatened not to release them until they each paid more money. The smugglers also threatened to shoot the aliens with a MAK-90 assault rifle and a 9mm pistol if they did not pay. Defendant had the task of keeping a record of each alien and what amount he or she owed. He also made phone calls to the aliens’ family members, demanding that they pay for the aliens’ release. Defendant kept a pistol in his waistband at all relevant times.

A jury convicted Defendant of, among other things,…