878 F.3d 435 (1st Cir. 2017), 16-2222, United States v. Alejandro-Rosado
|Citation:||878 F.3d 435|
|Opinion Judge:||THOMPSON, Circuit Judge.|
|Party Name:||UNITED STATES of America, Appellee, v. Luis ALEJANDRO-ROSADO, Defendant-Appellant.|
|Attorney:||Edgar L. Sanchez-Mercado and ESM Law Office, San Juan, PA, on brief for appellant. B. Kathryn Debrason, Assistant United States Attorney, Rosa Emilia Rodrguez-Vélez, United States Attorney, and Mariana E. Bauz-Almonte, Assistant United States Attorney, Chief, Appellate Division, on brief for appe...|
|Judge Panel:||Before Howard, Chief Judge, Torruella and Thompson, Circuit Judges.|
|Case Date:||December 23, 2017|
|Court:||United States Courts of Appeals, Court of Appeals for the First Circuit|
[Copyrighted Material Omitted]
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Francisco A. Besosa, U.S. District Judge ]
Edgar L. Sanchez-Mercado and ESM Law Office, San Juan, PA, on brief for appellant.
B. Kathryn Debrason, Assistant United States Attorney, Rosa Emilia Rodrguez-Vélez, United States Attorney, and Mariana E. Bauz-Almonte, Assistant United States Attorney, Chief, Appellate Division, on brief for appellee.
Before Howard, Chief Judge, Torruella and Thompson, Circuit Judges.
THOMPSON, Circuit Judge.
This appeal bores out of a district court's imposition of a twenty-four month sentence (the statutory maximum) on Luis Alejandro-Rosado for violating his terms of supervised release. At the revocation hearing, Alejandro-Rosado admitted to the multiple violations the government accused him of committing and asked that the court sentence him within the Guideline Sentencing Range (of four to ten months). After hearing lengthy arguments pertaining to both Alejandro-Rosado's violations as well as the purported mitigating factors presented, the court nonetheless decided the proper sentence was the statutory maximum. Alejandro-Rosado now appeals this sentence as unreasonable. Having reviewed the record, case law, and arguments, we find that the district court exercised reasonable sentencing procedure and arrived at a substantively reasonable result. We therefore affirm.
A. Getting Our Factual Bearings
Alejandro-Rosado was originally convicted of receiving a firearm as a person under indictment in violation of 18 U.S.C. § § 922(n), 924(a)(1)(D), a class D felony. He was sentenced to thirty-six months' imprisonment and three years of supervised release. His incarceration ended on January 15, 2015, and he immediately began serving his term of supervised release. On June 22, 2016, and July 7, 2016, the United States Probation Office filed motions notifying the district court of nine separate violations of Alejandro-Rosado's supervised release terms that had occurred between July 2015 and June 2016.
The violations were as follows. In July 2015, Alejandro-Rosado failed his first drug test. He again failed drug tests on August 14, 2015, August 21, 2015, and November 30, 2015. On May 5, 2016, Alejandro-Rosado was observed handling a firearm and changing the magazine. That same day he was witnessed selling cocaine. On May 18, 2016, Alejandro-Rosado was arrested for being in possession of synthetic marijuana and prescription pain pills (and provided an admission to being the owner of the contraband). Moreover, canines twice alerted officers to weapons in his apartment. A June 28, 2016, search of his apartment by a probation officer found more drugs and a notebook that contained the names of various inmates, their register numbers, and numerical quantities of money.1 Next to one entry read: " transaction as soon as possible so that he not be beheaded." Alejandro-Rosado does not dispute committing the violations.
On September 14, 2016, the district court conducted a revocation hearing to determine Alejandro-Rosado's sentence. The government asked that the defendant be sentenced to the statutory maximum of twenty-four months. Though Alejandro-Rosado admitted to committing violations, he asked that the court, in consideration of mitigating factors, impose a sentence...
To continue readingFREE SIGN UP