USA v. Hector Cueli, No. 11-15293 (11th Cir. 2012)

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Case: 11-15293 Date Filed: 12/31/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________________________ No. 11-15293 Non-Argument Calendar _____________________________ D. C. Docket No. 8:11-cr-00107-RAL-AEP-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HECTOR CUELI, Defendant-Appellant. _________________________________________ Appeal from the United States District Court for the Middle District of Florida _________________________________________ (December 31, 2012) Before TJOFLAT, KRAVITCH, and EDMONDSON, Circuit Judges. PER CURIAM: Hector Cueli appeals his conviction and sentence for manufacturing and Case: 11-15293 Date Filed: 12/31/2012 Page: 2 of 2 possessing with the intent to distribute 100 or more marijuana plants: 21 U.S.C. ยงยง 841(a)(1) and (b)(1)(B)(vii). Briefly stated, the case presents these issues: (1) Whether the district court erred in denying Cueli s motion to suppress evidence based on its finding that Cueli gave valid consent to detectives to enter his home; and (2) Whether the district court erred in denying Cueli the benefit of the safety valve provision based on its finding that Cueli was not truthful during sentencing. In the light of the record evidence (including Cueli s own testimony), Cueli voluntarily consented to the search of his home. Therefore, the district court did not err in denying Cueli s motion to suppress the evidence obtained from the search. The district court also did not err in denying Cueli safety-valve relief based on its finding that Cueli was not sufficiently truthful and complete -- for example, about the involvement of others and about the plan for distribution -- in providing information concerning his offense. AFFIRMED. 2

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