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ICE agents discovered a nationwide network of brothels that featured Hispanic girls and women for forced prostitution. Francisco (D), his uncles Juan (D) and Amador, and three other men were conspiring with each other in an organization in the Atlanta area that participated in human trafficking and forced prostitution of girls and young women from Mexico. Ds enticed some of the victims by acting romantically interested in them or promising marriage. Coyotes would help smuggle the women into the United States. Upon arrival, Ds would tell them that they owed money for traveling expenses and would force them into prostitution. The victims were held against their will, intimidated, verbally abused, and sometimes physically assaulted. Ds isolated the victims and used a combination of smuggling debts, romantic ties, psychological manipulation, false promises, threats, and occasional violence to control and coerce them. They were monitored during the day and driven to various dwellings at night in order to engage in prostitution. The victims were prostituted for $25 per 15-minute session. On some nights, the victims were required to service over 20 clients. At each location, Ds directed the victims' work and provided them with food and other necessities. Many were beaten by the men if they disobeyed or expressed a desire to leave the business. The women were prohibited from going anywhere alone, and they could not open the windows. In 2008, a federal grand jury returned an indictment with 34 charges. Francisco (D) pled guilty to commercial sex trafficking by force, fraud, and coercion. He could only file a direct appeal of an upward departure or a variance from the otherwise applicable sentencing guideline range greater than 15 years. The presentencing investigation report (PSI) noted that the offense level must be calculated according to U.S.S.G. § 2A3.1 if the offense involved knowingly causing another person to engage in a sexual act by using force against that person or by threatening or placing that person in fear. The PSI used § 2A3.1 to determine Francisco's (D) offense level. Francisco (D) had a total offense level of 33. He was subject to a statutory mandatory sentencing range of 15 years to life imprisonment and, as he was in criminal history category I, a guideline range of 135 to 168 months' imprisonment. Francisco (D) objected that the correct guideline provision was U.S.S.G. § 2G1.3. He also objected to the vulnerable-victim enhancement. The court sustained the objection, which reduced his offense level to 31 and his guideline range to 108 to 135 months' imprisonment. Nevertheless, he remained subject to the 180-month mandatory-minimum sentence. The court referenced the nature and circumstances of the offense and the need to reflect the seriousness of the offense as it discussed Francisco's (D) 'despicable' conduct. It further stated that Francisco's (D) 'callous disregard for humanity' raised concerns about the need to protect the public and deter such conduct. The court sentenced Francisco (D) to 240 months' imprisonment, acknowledging that the sentence was greater than the mandatory-minimum guideline sentence, but 'finding that under the [§] 3553 factors, a variance from the guidelines was appropriate.' Francisco (D) objected only to the reasonableness of the sentence. Juan (D) pled guilty to Count 4, commercial sex trafficking of a child, in violation of 18 U.S.C. § 1591(a), and Count 9, importation of a child for immoral purposes, in violation of 8 U.S.C. § 1328 and 18 U.S.C. § 2. Juan (D) waived the right to appeal or collaterally attack his conviction and sentence 'on any ground, except that [he] may file a direct appeal of an upward departure or a variance from the otherwise applicable sentencing guideline range, or (ii) if the Court finds an enhancement based on role in the offense pursuant to U.S.S.G. § 3B1.1.' Juan (D) had a total offense level of 35. Juan was subject to a statutory mandatory sentencing range of 10 years to life imprisonment for Count 4, a statutory-maximum sentence of 10 years' imprisonment for Count 9, and, as he was in criminal history category I, a guideline range of 168 to 210 months' imprisonment. Juan's (D) counsel agreed that a 150-month, within-guideline sentence would be fair and appropriate. The court sentenced Juan (D) to 200 months' imprisonment on Count 4 and 120 months' imprisonment on Count 9, to run concurrently. Ds appealed their sentences, claiming they did not get notice of the court's departure from the established guidelines.

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