United States of America v. Cecilio Caicedo-Cuero

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CECILIO CAICEDO-CUERO,
Defendant - Appellant.
No. 13-50252
D.C. No. 3:12-cr-02550-DMS-4
MEMORANDUM*
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN CAICEDO-RENGIFO,
Defendant - Appellant.
No. 13-50264
D.C. No. 3:12-cr-02550-DMS-3
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Argued and Submitted November 18, 2014
Pasadena, California
FILED
DEC 03 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

-- 1 of 3 --

Before: W. FLETCHER and BYBEE, Circuit Judges, and SETTLE, District
Judge.**
Appellants Cecilio Caicedo-Cuero and Juan Caicedo-Rengifo appeal their
convictions under the Maritime Drug Law Enforcement Act (“MDLEA”), 46
U.S.C. § 70503. Appellants argue that the district court erred when it determined
that there was a sufficient nexus to support constitutional jurisdiction. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
We review de novo a district court’s determination of constitutional
jurisdiction under the MDLEA. United States v. Perlaza, 439 F.3d 1149, 1160
n.13 (9th Cir. 2006). We review the district court’s findings of fact for clear error.
United States v. Khan, 35 F.3d 426, 430 (9th Cir. 1994).
The parties disagree over which standard of review should apply to the
district court’s finding that the cocaine was destined for the United States. Under
any standard of review, the district court correctly found that the cocaine was
destined for the United States. The district court properly relied on the testimony
of the Government’s expert witness, Agent Michael Wasser. That testimony
established by a preponderance of the evidence that the cocaine was intended for
distribution in the United States.
** The Honorable Benjamin H. Settle, United States District Judge for
the Western District of Washington, sitting by designation.
2

-- 2 of 3 --

The district court’s finding that the cocaine was destined for the United
States “provides a sufficient nexus between the defendants’ activities and the
United States to satisfy the nexus requirement.” United States v. Klimavicius-
Viloria, 144 F.3d 1249, 1259 (9th Cir. 1998). Thus, the district court correctly
concluded that there was constitutional jurisdiction in this case.
AFFIRMED.
3

-- 3 of 3 --