No. 23-1162

UNITED STATES,

Appellee,

v.

DIONEL GUÍA-SENDEME,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Raúl M. Arias-Marxuach, U.S. District Judge]

Before

Gelpí, Thompson, and Aframe, Circuit Judges.

Joanna E. LeRoy, with whom Rachel Brill, Federal Public Defender, District of Puerto Rico, Héctor L. Ramos-Vega, Interim Federal Public Defender, District of Puerto Rico, Franco L. Pérez-Redondo, Assistant Federal Public Defender, Supervisor, Appeals Division, and Kevin E. Lerman, Assistant Federal Public Defender, were on brief, for Appellant. W. Connor Winn, with whom W. Stephen Muldrow, United States Attorney, Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief, Appellate Division, and David C. Bornstein, Assistant United States Attorney, were on brief, for Appellee.

April 4, 2025 AFRAME, Circuit Judge. Dionel Guía-Sendeme ("Guía") appeals from a 72-month sentence imposed for his participation in a venture to smuggle 135 kilograms of cocaine from the Dominican Republic to Puerto Rico. For his role in operating a small vessel to transport the narcotics, Guía pleaded guilty to, inter alia, importing and possessing with intent to distribute five kilograms or more of cocaine.

In determining Guía's sentence, the district court calculated an advisory guideline sentencing range of 108 to 135 months. Guía challenges that calculation. He contends that the court misapplied the United States Sentencing Guidelines ("U.S.S.G." or "the Guidelines") by: (1) refusing to apply a mitigating role adjustment under U.S.S.G. § 3B1.2 and (2) assigning a firearm enhancement under U.S.S.G. § 2D1.1(b)(1). We conclude that the district court properly assessed the firearm enhancement but must reconsider Guía's eligibility for a mitigating role adjustment. We therefore remand for resentencing.

I.

We draw the facts from undisputed portions of the final presentence report, the sentencing hearing, and the sentencing record. See United States v. Coplin-Benjamin, 79 F.4th 36, 38-39 (1st Cir. 2023); United States v. Melendez-Hiraldo, 82 F.4th 48, 51 n.1 (1st Cir. 2023).

- 3 - On July 10, 2021, a recruiter approached Guía in the Dominican Republic and offered to pay him to move gasoline tanks onto a boat that would be used for smuggling. Guía assumed the boat would be smuggling undocumented individuals. He agreed to the job and was introduced to Abel, one of two people who would be operating the vessel. During the meeting, Abel or the recruiter informed Guía that he would be paid $10,000.

Following the introduction, Guía and Abel attended a larger meeting that included as many as a dozen people. Guía contends that it was during this second meeting that he realized the venture involved smuggling drugs, not undocumented individuals. The meeting participants were briefed on the operation and were told to meet early the next morning at a set location.

The following day, Guía and Abel arrived late to the designated meeting place. There were several individuals present and the gasoline tanks had already been loaded onto the vessel. The individual assigned to crew the vessel with Abel did not arrive and as a result, Guía was asked to accompany Abel in the boat to a nearby location. Guía agreed.

Before leaving shore, Guía watched Abe