[Copyrighted Material Omitted]
FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO. Hon. José Antonio Fusté, U.S.
C. Marranzini, Research and Writing Specialist, Eric
Alexander Vos, Federal Public Defender, and Vivianne M.
Marrero, Assistant Federal Public Defender, Supervisor,
Appeals Section, on brief for appellant.
Pé rez-Sosa, Assistant United States Attorney, Chief,
Appellate Division, and Rosa Emilia Rodrí
guez-Vé lez, United States Attorney, on brief for
Lynch, Kayatta, and Barron, Circuit Judges.
KAYATTA, Circuit Judge.
pleading guilty to unlawful firearm possession, Luis
Pedroza-Orengo (" Pedroza" ) was sentenced to a
60-month term of imprisonment. Pedroza unsuccessfully urged
the district court to reconsider, and he now appeals his
sentence as procedurally and substantively unreasonable.
Finding that the district court did not abuse its broad
sentencing discretion, we affirm.
4:20 AM on April 20, 2014, Puerto Rico Police Department
agents conducting surveillance in an area of San Juan saw a
group of people, including Pedroza, exiting a bar in the
midst of an argument. Pedroza was carrying a firearm, which
he pointed in the direction of bystanders. The agents called
for backup and, while they waited, they observed Pedroza slam
his firearm on the roof of a car, get inside the car, and
prepare to leave the scene. Before Pedroza could depart,
backup arrived and the agents stopped and searched the car.
The search turned up a Glock pistol loaded with fifteen
rounds of ammunition, as well as an additional high-capacity
magazine loaded with twenty-one rounds of ammunition.
jury charged Pedroza with one count of being a felon in
possession of a firearm in violation of 18 U.S.C. §
922(g)(1). Pedroza pled guilty pursuant to a plea
agreement. Under the agreement, the parties agreed to
recommend that the district court sentence Pedroza to the low
end of the applicable United States Sentencing Guidelines
(" Guidelines" ) range. At the same time, the
agreement made clear that ultimately " the sentence
[would] be left entirely to the sound discretion of the
district court accepted Pedroza's guilty plea and ordered
the preparation of a Presentence Investigation Report ("
PSR" ). The PSR determined that Pedroza fell into
Criminal History Category III, which, taken with
Pedroza's total adjusted offense level of
17, corresponded to a Guidelines
sentencing range of 30-37 months' imprisonment. The PSR
also noted that a psychological evaluation conducted when
Pedroza was eight years old revealed a verbal IQ of 83 and a
IQ of 67 and indicated " borderline intellectual
functioning" accompanied by " specific learning
preparation for sentencing, the district court also received
a 15-page neuropsychological evaluation prepared by a
licensed clinical neuropsychologist. The evaluation placed
Pedroza's total IQ at 60, and it placed Pedroza's
global intellectual functioning in the " [m]ild
intellectually disabled range." The report further noted
Pedroza's " chronic" difficulties with "
[i]mpulsive behavior," as well as his impaired "
ability to self-reflect, learn from mistakes, develop
appropriate goals, and adapt to the demands of his
environment." The report concluded that these
characteristics contributed to Pedroza's " poor
judgment" and inadequate " behavioral control"
and to the commission of the instant offense. The report did