USA v. Hector Cueli

Filing

Opinion issued by court as to Appellant Hector Cueli. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 11-15293

Date Filed: 12/31/2012

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________________________
No. 11-15293
Non-Argument Calendar
_____________________________
D. C. Docket No. 8:11-cr-00107-RAL-AEP-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR CUELI,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________________________
(December 31, 2012)
Before TJOFLAT, KRAVITCH, and EDMONDSON, Circuit Judges.

PER CURIAM:
Hector Cueli appeals his conviction and sentence for manufacturing and

Case: 11-15293

Date Filed: 12/31/2012

Page: 2 of 2

possessing with the intent to distribute 100 or more marijuana plants: 21 U.S.C. §§
841(a)(1) and (b)(1)(B)(vii).
Briefly stated, the case presents these issues:
(1)

Whether the district court erred in denying Cueli’s motion to suppress
evidence based on its finding that Cueli gave valid consent to
detectives to enter his home; and

(2)

Whether the district court erred in denying Cueli the benefit of the
“safety valve” provision based on its finding that Cueli was not
truthful during sentencing.

In the light of the record evidence (including Cueli’s own testimony), Cueli
voluntarily consented to the search of his home. Therefore, the district court did
not err in denying Cueli’s motion to suppress the evidence obtained from the
search. The district court also did not err in denying Cueli safety-valve relief
based on its finding that Cueli was not sufficiently truthful and complete -- for
example, about the involvement of others and about the plan for distribution -- in
providing information concerning his offense.
AFFIRMED.

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