NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-2938 _____________ UNITED STATES OF AMERICA v. MANUEL MARTIN PENA, Appellant _____________ On Appeal from the United States District Court for the Western District of Pennsylvania District Court No. 2-15-cr-00190-004 District Judge: The Honorable Donetta W. Ambrose Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 24, 2018 Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges (Filed: October 16, 2018) _____________________ OPINION * _____________________ SMITH, Chief Judge. Manuel Pena pleaded guilty to conspiring to misbrand and smuggle drugs in violation of 18 U.S.C. § 371 and to conspiring to import schedule IV controlled substances * This disposition is not an opinion of the full court and pursuant to I.O.P. 5.7 does not constitute binding precedent. in violation of 21 U.S.C. § 963. The probation officer calculated a 30 to 37 month advisory sentencing range under the United States Sentencing Guidelines (U.S.S.G.). The District Court granted a downward departure for Pena’s age and health under U.S.S.G. §§ 5H1.1 and 5H1.4, denied a downward variance, and sentenced Pena to 15 months of imprisonment. This timely appeal followed. 1 For the reasons set forth below, we will affirm. I. Appellant Manuel Martin Pena is a 64-year-old Venezuelan national who has lived periodically in the United States since 1974. Pena suffered a stroke in 2001. In 2008, he returned to the United States to be closer to his family, ultimately becoming a lawful permanent resident. Thereafter, Pena worked a number of small jobs, but was limited by his poor health. In November of 2012, Pena met Roberto Galeano, a Costa Rican. Galeano worked for a company called “CDR Marketing,” a Costa Rican corporation. CDR Marketing received internet medication orders from customers in the United States and fulfilled those orders by shipping misbranded medications from India. Neil Russell, a resident of Pittsburgh, Pennsylvania, received some of the shipments from India and then re-shipped the medications to CDR customers. Galeano offered Pena a job working with CDR Marketing, which Pena accepted. After Russell stopped working with CDR, Pena became the primary re-shipper of 1 The District Court had subject matter jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). 2 medications within the United States. To facilitate his new role, Pena opened a number of post office boxes around his home in Houston, Texas, thereby enabling him to receive larger shipments without arousing suspicion. Upon receipt of the packages, Pena inventoried their contents, repackaged them—with false labels and descriptions such as “health products sample”—into individual orders, and shipped them to CDR’s customers within the United States. Law enforcement agents executed a controlled buy, which implicated Pena. Agents then initiated surveillance of Pena’s home, eventually executing a search warrant. The search found tens of thousands of pills in Pena’s home. Pena, present at the time of the search, admitted his participation in the CDR Marketing conspiracy. A grand jury returned an 11-count indictment ...
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