Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States
DueProcess FifthAmendment Punishment Immigration
Did the Eleventh Circuit reversibly err in affirming a conviction for which the Government failed to prove the essential element of knowledge or reason to know that cocaine would be imported into the United States?
Questions Presented This petition arises from the affirmance of a judgment of conviction and sentence to a term of 22 4 years’ incarceration following a jury trial for conspiracy to import cocaine into the United States. Two issues were raised on appeal. Two questions are presented in this petition. Question One: Did the Eleventh Circuit reversibly err in affirming a conviction for which the Government failed to prove the essential element that of knowledge, or even “reason to know” that cocaine leaving Colombia on go-fast boats toward Central America, ultimately would be imported into the United States? “Proof” of this essential element was nothing more than hearsay and speculation from cooperating codefendants who had motivation to lie and were rewarded for their testimony. Absent proof of this essential element, beyond a reasonable doubt, did the Eleventh Circuit reversibly err? Question Two: Was the 270-month sentence unreasonable and unreasonably disparate even though Petitioner went to trial whereas the codefendants pleaded guilty; she did not accept responsibility; and the sentence was below the advisory guidelines range? | Was the sentence unreasonable, cruel, and unusual, due to the extent of disparity with much lower sentences imposed on far more culpable codefendants? i