Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. RodrIGuez-Caraballo

United States Court of Appeals, First Circuit

March 30, 2016

UNITED STATES OF AMERICA, Appellee,
v.
ANTONIO RODRÍGUEZ-CARABALLO, Defendant, Appellant

          APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Juan M. Pé rez-Gimé nez, U.S. District Judge.

         Juan J. Herná ndez López de Victoria on brief for appellant.

         Nelson Pé rez-Sosa, Assistant United States Attorney, Chief, Appellate Division, Julia M. Meconiates, Assistant United States Attorney, and Rosa Emilia Rodrí guez-Vé lez, United States Attorney, on brief for appellee.

         Before Howard, Chief Judge, Torruella and Lynch, Circuit Judges.

          OPINION

Page 392

          LYNCH, Circuit Judge.

          Antonio Rodrí guez-Caraballo, a former officer with the Puerto Rico Police Department, pleaded guilty to making a false declaration to a federal grand jury. The district court sentenced him to forty-six months of imprisonment, a sentence that was at the low end of his guideline sentencing range. On appeal, he challenges the district court's denial of a downward variance. We affirm.

         I.

         The operative indictment, returned by the grand jury on August 2, 2013, charged Rodrí guez-Caraballo with three counts: providing misleading information to a law enforcement officer, making a false statement to the Federal Bureau of Investigation, and making a false declaration to a federal grand jury. The charges arose out of an investigation into the beating death of an individual at the hands of three Puerto Rico police officers and a subsequent cover-up of the incident. Rodrí guez-Caraballo was not one of the officers involved in the beating, but he did testify falsely about the event before a grand jury.

         On August 25, 2014, Rodrí guez-Caraballo pleaded guilty to one count of making a false declaration to a grand jury, in violation of 18 U.S.C. § 1623. In the plea agreement, the parties jointly calculated a guideline sentencing range of forty-six to fifty-seven months.

         On February 24, 2015, Rodrí guez-Caraballo filed a sentencing memorandum that requested a downward variance to a sentence of probation based on his age -- fifty-one years old at the time of sentencing -- and his long history of public service as a police officer.

         On February 27, 2015, Rodrí guez-Caraballo was sentenced to forty-six months of imprisonment, to be followed by a three-year term of supervised release. The district court explained that it was denying Rodrí guez-Caraballo's request for a variance because " the conduct of this defendant was very detrimental not only to the people of Puerto Rico but also to the Police of Puerto Rico." The district court stated that " it is unbecoming of a police officer with supervisory powers to lie to the other law enforcement officers who are investigating the commission of the offense, as grave as this one, where a human being died," and it expressed its concern that Rodrí guez-Caraballo's actions were a " very bad example to . . . those officers

Page 393

who are just entering ore have recently entered into service with the Police of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.