Professional Documents
Culture Documents
No. 14-2014
UNITED STATES,
Appellee,
v.
CHRISTIAN SANTOS-RIVERA,
Defendant, Appellant.
Before
Torruella, Stahl, and Thompson,
Circuit Judges.
STAHL,
("Santos")
pled
Circuit
guilty
Judge.
to
the
Christian
unlawful
January
with
Santos-Rivera
possession
of
We affirm.
8,
another
2014,
Santos
female,
and
during
his
which
wife
Santos
had
an
fired
In the
violent crime rate, noted that the offense may be more serious
in
Puerto
Rico
than
the
Sentencing
- 2 -
Commission
considered
in
sentencing,
the
court
accepted
the
PSR's
review
He now appeals.
Analysis
sentencing
decisions
for
procedural
and
standard.
See
United
States
v.
Arroyo-
Because Santos
See id.
that an error occurred (2) which was clear or obvious and which
not only (3) affected the defendant's substantial rights, but
also (4) seriously impaired the fairness, integrity, or public
reputation of judicial proceedings."
the
for
his
standard
of
unpreserved
review
is
- 3 -
substantive
less
certain.
reasonableness
See,
e.g.,
ambiguity
even
today,
however,
because
if
the
abuse-of-
Procedural Reasonableness
contends
that
the
district
court
did
not
community
sentencing
judge
is
relatively
reasonably
free
may
of
.
For example,
violent
see
no
crime,
need
for
reasonably may conclude that the need for deterrence is great-and this may translate into a stiffer sentence."
At
the
3553(a) factors.
hearing,
the
judge
clearly
Id.
considered
the
F.3d
58,
68
statement
n.12
that
sentencing
(1st
he
Cir.
2015)
considered
factors
'is
("The
all
entitled
sentencing
the
18
U.S.C.
to
significant
judge's
3553(a)
weight.'"
judge
individualized
also
gave
emphasizing,
for
example,
how
attention
Santos
not
to
only
his
case,
possessed
factor
difficulties
crimes.
in
in
this
curtailing
case
its
given
high
Puerto
incidence
Rico's
of
distinct
gun-related
Substantive Reasonableness
linchpin
of
reasonable
sentence
is
United
"Because we
of
the
circumstances,
resides
within
the
expansive
universe of reasonable sentences.'" United States v. PedrozaOrengo, 817 F.3d 829, 837 (1st Cir. 2016) (quoting United States
v. King, 741 F.3d 305, 308 (1st Cir. 2014)).
Given the statutory maximum sentence of ten years, see
18 U.S.C. 924(a)(2), the degree of the upward variance, and
the circumstances presented in this case, we find no reason to
doubt
the
substantive
Pedroza-Orengo,
817
reasonableness
F.3d
at
837;
of
the
United
sentence.
States
v.
See
Vzquez-
On these
- 6 -
III.
Conclusion
- 7 -