United States v. Melendez

• Decision Date: 17 January 2023
• Docket Number: 21-3329
• Parties: UNITED STATES OF AMERICA v. ALEX MELENDEZ, a/k/a King A.M., Appellant
• Court: United States Courts of Appeals. United States Court of Appeals (3rd Circuit)

UNITED STATES OF AMERICA
v.
ALEX MELENDEZ, a/k/a King A.M., Appellant

No. 21-3329

United States Court of Appeals, Third Circuit

January 17, 2023

NOT PRECEDENTIAL

Submitted Under Third Circuit L.A.R. 34.1(a) on November 14, 2022

On Appeal from the United States District Court for the Eastern District of Pennsylvania (District Court No. 2-05-cr-00044-007) District Judge: Hon. Gene E.K. Pratter

Before: HARDIMAN, RESTREPO, and PORTER, Circuit Judges

OPINION ^[*]

RESTREPO, Circuit Judge

1

Appellant Alex Melendez appeals his sentence of 342 months based on two alleged errors: (1) the District Court applied the wrong mandatory minimum to Count 7 of his sentence, and (2) erroneously denied his request for a downward adjustment for playing a minimal role in the crimes at issue.

First, the District Court's alleged sentencing error in applying the wrong mandatory minimum would constitute harmless error because Melendez's offenses were grouped pursuant to the Federal Sentencing Guidelines. The count at issue was not included in the group of offenses that formed the basis of his ultimate sentence, so the mandatory minimum for that count had no impact.

Second, the District Court did not abuse its discretion in denying Melendez's downward adjustment. The Court performed a thorough analysis of Melendez's relative culpability and the record supports a finding that Melendez played more than a minimal role in the criminal activity. Thus, we will affirm.

I. Background

1. Factual History

Appellant Alex Melendez was a "soldier" in the Philadelphia Lion Tribe chapter of the Almighty Latin King and Queen Nation ("Latin Kings")-an organization dedicated to committing drug trafficking offenses and violent crimes. Melendez's participation in this criminal enterprise included conspiracy to distribute heroin, kidnapping, conspiracy to commit kidnappings, beatings, displaying a firearm, conspiracy to commit murder, and attempted murder. Melendez contributed to the Latin Kings' drug enterprise by working as an "enforcer." In this role, Melendez forced customers to pay for their

2

drugs and beat those who did not. He even suggested torturous methods of enforcement, such as feeding non-paying customers to a pit bull.

Melendez also took an active role in the punishment of rival Latin King members. In December 2003, Melendez and several co-defendants drove to New Jersey to kidnap and beat a Latin King member-Rafael "Billy" Guzman-for failure to report to the Philadelphia Lion Tribe. Melendez, carrying a gun and wearing an armored vest, forced Guzman from his house and into a car at gunpoint. During the drive to Philadelphia, Melendez threatened to "blow [Guzman's] head right off," splatter his brains all over the car, and dump his body in the dark wooded area along the highway. Supp. App. 107.

Melendez and his co-defendants brought Guzman to the basement of a Philadelphia house where Melendez ordered him to remove his clothes. There, Melendez and the others beat and severely injured Guzman until he was "virtually unrecognizable." App. 124, 217. While carrying out the beating, Melendez sought to escalate the violence by asking to shoot off Guzman's toes-a request that was fortunately denied. When other members of the Latin Kings went to Home Depot to purchase a machete with the intention of using it to cut off Guzman's hands, Melendez and a co-defendant stood guard over him. Melendez left and the other co-defendant fell asleep, allowing Guzman to escape and seek medical treatment. Guzman then informed FBI agents about the kidnapping and beating, leading to the ultimate arrest of Melendez and his co-defendants.

2. Procedural History

On January 26, 2005, a grand jury returned a 26-count indictment of Melendez and numerous other defendants. The jury found Melendez guilty of five counts-Counts

3

One, Seven, Eleven, Thirteen, and Fourteen of the Indictment^[1]-on March 15, 2006. On July 20, 2006, the District Court imposed an aggregate sentence of 444 months. On March 23, 2020, Melendez filed a Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody under 28 U.S.C. § 2255.^[2] On August 17, 2020, the Court granted his motion, vacated his judgment, and ordered the scheduling of a new sentencing hearing and the preparation of a new presentence...