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In the Courts
Market Value of Entire Illegal Shipment Used to Calculate Sentencing
In United States v. Norris, __ F.3d __, 2006 WL 1716912 (11th Cir. June 23, 2006), the Eleventh Circuit held, in a case of first impression, that for sentencing purposes the 'market value' of fish, wildlife, and plants involved in illegal smuggling should be calculated based on the value of the entire shipment, and not just the value of the illegal portion of the shipment.
The defendant plead guilty to smuggling orchids into the United States from Peru by mislabeling plants that could not be legally imported and mixing them with properly documented legal plants to avoid detection. He appealed his 17-month sentence, arguing that the trial court erred when it used the value of the entire shipment to determine his offense level under the Guidelines, rather than only considering the value of the illegally imported plants. The Eleventh Circuit explained that the legally imported orchids were an integral part of defendant's scheme, and therefore their shipment was relevant conduct under the Guidelines such that their value should be considered when establishing the offense level.
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