FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District
Mauricio Hernández Arroyo and Law Offices of Mauricio
Hernández Arroyo, Esq. on brief for appellant.
M. Meconiates, Assistant U.S. Attorney, Mariana E.
Bauzá-Almonte, Assistant U.S. Attorney, Chief,
Appellate Division, and Rosa Emilia
Rodríguez-Vélez, United States Attorney, on
brief for appellee.
Torruella, Lynch, and Barron, Circuit Judges.
LYNCH, Circuit Judge.
on supervised release following his serving a 135-month term
of imprisonment for a 2002 conviction for a federal drug
felony, Héctor Mulero-Algarín committed a
second federal drug felony in 2014. In doing so, he committed
two offenses: violation of the conditions of his supervised
release and the new drug offense. Mulero-Algarín pled
guilty and was sentenced for the new drug offense by a
different district court judge than presided over his
previous conviction and sentence. He was newly sentenced to
120 months' imprisonment for that drug offense.
separate proceeding, held before the district court judge who
had presided over the original 2002 drug case,
Mulero-Algarín's term of supervised release was
revoked and replaced with a 36-month prison sentence, to be
served consecutively to the 120-month sentence imposed on him
for the new drug offense. See 18 U.S.C. §§
3583(e)(3), 3584(a). The court also stated that it would not
impose a further term of supervised release upon
Mulero-Algarín's release from that confinement.
This appeal concerns only the revocation sentence.
does not dispute that he violated the conditions of his
supervised release by committing the second drug crime or
that revocation of his supervised release was warranted. He
appeals only the district court's decision to impose his
revocation sentence consecutively to, rather than
concurrently with, his sentence for the second crime. He
makes the factually incorrect argument that the court failed
to consider his cooperation with the government as to his
second drug crime as part of this claim.
that the district court committed no error. We affirm
Mulero-Algarín's revocation sentence.
15, 2002, Mulero-Algarín pled guilty to possession of
cocaine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1), after he was caught piloting a speedboat
with 1, 576 kilograms of cocaine on board. U.S. District
Judge Carmen C. Cerezo sentenced him to 135 months'
imprisonment, plus five years of supervised release. He
served his term of imprisonment.
supervised release term commenced on September 2, 2011, with
an expiration date of September 1, 2016. On January 22, 2014,
claiming he had "faithfully complied" with the
conditions of his supervised release, 
Mulero-Algarín moved for its early termination. The
government opposed that motion, and Judge Cerezo denied it.
December 10, 2014, less than a year after requesting early
termination of his supervised release, Mulero-Algarín
was detained on board a speedboat, along with one other
passenger, after fleeing from a U.S. Coast Guard vessel and
throwing multiple packages overboard, one of which was found
to contain approximately 30 kilograms of cocaine.
Mulero-Algarín was charged with conspiring to possess
cocaine with intent to distribute on board a vessel of the
United States, see 46 U.S.C. §§ 70502(b),
70503(a)(1), 70504(b)(1), 70506(b), and knowingly failing to
obey an order of a federal law enforcement officer to heave
to a vessel of the United States, see 18 U.S.C.
§ 2237(a)(1). This new criminal case was assigned to
U.S. District Judge Pedro A. Delgado-Hernández.
October 16, 2015, Mulero-Algarín pled guilty in the
new drug case, and Judge Delgado-Hernández sentenced
him to 120 months' imprisonment -- the applicable
mandatory minimum -- plus five years of supervised release.
Mulero-Algarín's plea agreement stipulated that,
in the event that he was to be sentenced for violating the
conditions of his original supervised release in a revocation
proceeding before Judge Cerezo, he could request that his