United States v. Raul Flores-Hernandez

── United States v. Raul Flores-Hernandez ── Court: Court of Appeals for the D.C. Circuit Date: May 29, 2026 Category: General United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 15, 2025 Decided May 29, 2026 No. 24-3007 UNITED STATES OF AMERICA, APPELLEE v. RAUL FLORES-HERNANDEZ, ALSO KNOWN AS EL TIO, APPELLANT Appeal from the United States District Court for the District of Columbia (No. 1:17-cr-00051-1) Robert Allen Feitel argued the cause for appellant. With him on the briefs was Sandi S. Rhee. Thomas E. Booth, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Melanie Alsworth, Attorney. Jonathan R. Hornok, Attorney, entered an appearance. Before: MILLETT, WALKER, and PAN, Circuit Judges. Opinion for the Court filed by Circuit Judge WALKER.  2 WALKER, Circuit Judge: Raul Flores-Hernandez pleaded guilty to engaging in a drug-trafficking conspiracy. He appealed his sentence. We affirm. I. Background Raul Flores-Hernandez is a 73-year-old Mexican national known as “El Tio.” JA 18. For decades, he trafficked drugs from South America, through Mexico, to the United States. He was arrested in 2017 and pleaded guilty in 2023 to conspiring to “distribute” five kilograms or more of cocaine, intending for it to “be unlawfully imported into the United States.” See 21 U.S.C. §§ 959(a), 960(b)(1)(B), 960(b)(1)(H), 963; see also 18 U.S.C. § 2. Flores submitted a “Statement of Facts” before his plea hearing. JA 30. In it, he said he was responsible for as much as 450 kilograms of cocaine involved in the conspiracy. Id. Later, at his plea hearing, Flores confirmed the Statement of Facts. JA 178–79. The district court held a three-day sentencing hearing. Several witnesses testified. They included Mario Pinedo Alvarez Correa and Jack Sinuhe Almaguer-Ramirez. Pinedo trafficked cocaine with Flores and later became a source of intelligence for the FBI. He testified that he saw “[a]bout 20 people” working for Flores. JA 408. They included approximately five “bodyguards” who “protected him.” Id. Among the other “people that worked for” Flores, according to Pinedo, were Chani, Cachoro, and Licenciado. JA 403–04. Pinedo did not elaborate on Chani and Cachoro, but he said Licenciado “was in charge of” work “at the ports,”  3 including “all of the loads” of cocaine that “would arrive and be delivered.” JA 405. Working “on behalf of” Flores, Licenciado “would pay everybody at the ports” and “everyone” in “government” who required payment. JA 405–06. In addition, Pinedo testified that a man named Enriquito “deliver[ed] . . . money” more than “ten times” to Pinedo “on behalf of” Flores. JA 418–19. It totaled “[a]bout 20 million” dollars. JA 419. Each time, Pinedo took the money “to a contact in Colombia.” JA 418–19. As for Sinuhe, he too helped Flores traffic cocaine before becoming a U.S. government informant. For example, Sinuhe once helped count and load around $14 million dollars onto a pickup truck. JA 706–09. It was Flores’ “profit” from “selling cocaine.” JA 709–10. On that occasion, a man named “Chicklin was going to pick up the truck and deliver it to Mr. Flores.” JA 709. Chicklin was one of Flores’ “workers.” Id. He did “[a] little bit of everything” for Flores. JA 711. Sinuhe also testified about a man named Alfaro. Though trained as “an attorney,” Alfaro worked as “an errand boy” for Flores, fetching things like “food, beverage[s],” and “cigars.” JA 695–96. Alfaro “was trying to make it through” the “Flores organization” by “winning more important positions” over time. JA 696–97. Over Flores’ objection, the court used the preponderance- of-the-evidence standard to make findings of fact for sentencing. It found that Flores was re