CAMERON MCCRARY AND CAROLYN D'ANDREA, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1983-03-02
Nos. 81-1754, 81-1790
LETTS, C.J., and DELL, J., concur.
427 So. 2d 1047 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 2 cases

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Synopsis

Cameron McCrary and Carolyn D'Andrea appealed their convictions and five-year sentences for trafficking in marijuana after being found on a sailboat with approximately 7,000 pounds of marijuana. The Florida appellate court affirmed their convictions, rejecting their challenges to the initial border stop, the constitutionality of the trafficking statute, and their argument that they were unfairly disadvantaged by arriving late to cooperate with authorities.


Holding

The court held that the initial stop of the sailboat was justified based on reasonable suspicion that the craft was carrying contraband; the trafficking statute and its mandatory sentencing provisions are constitutional; and the 'substantial assistance' provisions were not designed to produce equivalent sentencing results for all co-conspirators, so a defendant who cooperates later cannot complain of receiving a harsher sentence than one who cooperates first.


Headnotes

[1] A United States Customs official's stop of a vessel is justified if based on reasonable suspicion that the craft is carrying contraband.

[2] The constitutionality of Florida's trafficking statute, Section 893.135, Florida Statutes, has been upheld.

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Key Quotes

“the stop was justified as it was based on a reasonable suspicion that the craft was carrying contraband”

Establishes the validity of the initial border stop by Customs Officials

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Facts & Procedural History

Four individuals were found on a 45-foot sailboat containing almost 7,000 pounds of marijuana. One of the individuals testified to the details of the …

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Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

Defendants appeal their convictions, five-year sentences, and $50,000 fines for trafficking in marijuana. The defendants were among four people found on a 45-foot sailboat containing almost 7,000 pounds of marijuana. One of these individuals testified to the details of the entire importation scheme, which involved two boats and an off loading operation in the Bahamas. On appeal, defendants raise five points which we have reviewed and find to be without merit. One of these points involves the initial stop of the boat by United States Customs Officials. Defendants contend that it was an invalid border stop. We hold, however, that the stop was justified as it was based on a reasonable suspicion that the craft was carrying contraband. See 19 U.S.C. § 1581(a) and United States v. Serrano, 607 F. 2d 1145 (5th Cir.1979), cert. denied, 445 U.S. 965, 100 S.Ct. 1655, 64 L.Ed.2d 241 (1980).

Another point concerns the trafficking statute, Section 893.135, Florida Statutes (1981), the constitutionality of which has been upheld in State v. Benitez, 395 So. 2d 514 (Fla.1981). The court properly applied the mandatory sentencing provisions of Section 893.135. Defendants complain because one of their own group cooperated with the authorities, testified against them and received probation rather than jail time.1 Defendants argue that they also were willing to cooperate but that they lost the “race to the courthouse.” It is true that defendants made numerous attempts to avail themselves of the “substantial assistance” provisions of the trafficking statute. Their offers were rejected. The prosecutor stated that the State of Florida already knew everything they had to offer and that their offers were no longer of any value. Obviously, the “substantial assistance” provisions were not designed or intended to produce equivalent or identical sentencing results for all co-conspirators in the same trafficking operations. Under this statute, the person who cooperates first may well get a lighter sentence. If the statute creates a “race to the courthouse” then the Legislature will be extremely pleased and the slower defendant should not be heard to complain. That drug importers will be standing in line to confess and point an accusing finger at their coper-petrators does no constitutional violence to the rights of the slower defendants. All other points have been considered and found to be lacking in merit or harmless error. AFFIRMED.

LETTS, C.J., and DELL, J., concur. . The person who testified against defendants was prosecuted in a separate case and was not convicted under the trafficking statute.


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Citator

Cited By

  • State v. Senich, 543 So. 2d 804 (Fla. 4th DCA 1989)
    …pportunity for a lesser sentence to one de [*806] fendant, who, according to the state’s motion, provides assistance, and by denying that opportunity to another who does not do so. E.g., State v. Benitez, 395 So. 2d 514 (Fla.1981); McCrary v. State, 427 So. 2d 1047 (Fla. 4th DCA), rev. denied, 438 So. 2d 833 (Fla.1983). Therefore, the sentence is reversed. We remand for resentencing in accordance with the statute. GUNTHER and GARRETT, JJ., concur.…

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