Kristen L. Holmquist,
Cultural Defense or False Stereotype? What Happens When Latina Defendants Collide With the Federal Sentencing Guidelines, 12
Berkeley Women's L.J.
Available at: http://scholarship.law.berkeley.edu/facpubs/2082
Yet if a clearly unconstitutional application of Pinkerton liability is not at the heart of the Ninth Circuit's decision, something else must explain its reversal of Castaneda's conviction on six different firearm counts. The court's language provides telling clues: when discussing her involvement in the drug trafficking conspiracy, it notes that "[Leticia Castaneda] `assisted' [Uriel Castaneda] only insofar as she acted as his spouse." 92 After recounting the Government's evidence that Castaneda participated in several telephone conversations that implicated her in the conspiracy, the court states that "the only evidence that connects Leticia to the predicate offenses appears to be her marriage to Uriel." 93 The court consistently genders 94 her and her participation. Between the lines, perhaps Avila's defense--Latino men do not involve "their women" in their business--operates here in the way Avila unsuccessfully argues it should have in her case. 95