United States v. Giezi Magno Zamora , 668 F. App'x 871 ( 2016 )

Case: 15-13136 Date Filed: 09/08/2016 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-13136
Non-Argument Calendar
________________________
D.C. Docket No. 8:14-cr-00462-VMC-AEP-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GIEZI MAGNO ZAMORA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 8, 2016)
Before MARTIN, JILL PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Case: 15-13136 Date Filed: 09/08/2016 Page: 2 of 3
Giezi Magno Zamora appeals his 120-month sentence for possessing with
intent to distribute, and conspiring to possess with intent to distribute, five
kilograms or more of cocaine aboard a vessel, in violation of 46 U.S.C.
§§ 70503(a), 70506(a) & (b), and penalized pursuant to 21 U.S.C.
§ 960(b)(1)(B)(ii). On appeal, Zamora argues that the district court erred in
denying his request for a minor role reduction, or an even greater minimal role
reduction, because of his menial participation as a deckhand in a cocaine
smuggling venture.
Even assuming, however, that the district court erred in refusing to grant
Zamora’s request for a minor role reduction, any such error was harmless because
Zamora’s sentence of 120 months’ imprisonment is already at the statutory
mandatory minimum. See 46 U.S.C. §§ 70506(a) & (b); 21 U.S.C.
§ 960(b)(1)(B)(ii). “It is well-settled that a district court is not authorized to
sentence a defendant below the statutory mandatory minimum unless the
government filed a substantial assistance motion pursuant to 18 U.S.C. § 3553(e)
and U.S.S.G. § 5K1.1 or the defendant falls within the safety-valve of 18 U.S.C.
§ 3553(f).” United States v. Castaing-Sosa, 530 F.3d 1358, 1360 (11th Cir. 2008).
The government did not file a substantial assistance motion here. Zamora’s
convictions also do not qualify for safety valve relief under 18 U.S.C. § 3553(f).
See United States v. Pertuz-Pertuz, 679 F.3d 1327, 1328-29 (11th Cir. 2012)
2
Case: 15-13136 Date Filed: 09/08/2016 Page: 3 of 3
(holding that safety valve relief does not apply to violations of 46 U.S.C.
§§ 70503(a), 70506(a) & (b)). Thus, because Zamora is already serving a
mandatory minimum sentence and does not qualify for a sentence below that
minimum, any error in the district court’s denial of his request for a minor role
reduction was harmless and we need not address it. See United States v. Raad, 406
F.3d 1322, 1323 n.1 (11th Cir. 2005). Accordingly, we affirm.
AFFIRMED.
3