USA v. Osvaldo Domingo Ceballo

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-12420
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D.C. Docket No. 9:12-cr-80211-DTKH-8
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OSVALDO DOMINGO CEBALLO,
Defendant - Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(February 2, 2016)
Before WILSON, JULIE CARNES and EBEL,∗ Circuit Judges.
PER CURIAM:
∗ Honorable David M. Ebel, United States Circuit Judge for the Tenth Circuit, sitting by
designation.
Case: 14-12420 Date Filed: 02/02/2016 Page: 1 of 2

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Osvaldo Domingo Ceballo appeals his convictions for one count of
conspiracy to possess with intent to distribute five or more kilograms of cocaine
and one count of possession of five or more kilograms of cocaine with intent to
distribute. He also appeals his ensuing total 216-month sentence, imposed within
the advisory guidelines range. Specifically, Ceballo asks us to consider:
(1) Whether the district court erred in denying Ceballo’s motion to suppress.
(2) Whether there was insufficient evidence to support Ceballo’s convictions.
(3) Whether the district court abused its discretion in permitting the government
to introduce certain evidence at trial.
(4) Whether the district court abused its discretion in denying Ceballo’s request
for a theory-of-defense jury instruction.
(5) Whether the district court committed sentencing errors by applying a role
enhancement, denying Ceballo’s request for safety valve protection, and
denying Ceballo’s request for a variance.
After thoroughly considering these issues in light of the relevant law, the
record on appeal, and the parties’ arguments in their briefs and at oral argument,
we hold there is no reversible error.
AFFIRMED.
Case: 14-12420 Date Filed: 02/02/2016 Page: 2 of 2

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