No. 21-6014

Yina Maria Castaneda Benavidez, aka La Reina, aka Ingeniera v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-10-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal conspiracy constitutional-rights criminal-law criminal-procedure drug-trafficking due-process evidence evidence-standard knowledge-element sentencing sentencing-disparity
Key Terms:
DueProcess FifthAmendment Punishment Immigration
Latest Conference: 2021-11-12
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent United States to respond filed.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2021)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Yina Maria Castaneda Benavides
Sheryl Joyce LowenthalSheryl J. Lowenthal, Attorney at Law, Petitioner
Sheryl Joyce LowenthalSheryl J. Lowenthal, Attorney at Law, Petitioner