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United States v. Vazquez-Mendez

United States Court of Appeals, First Circuit

February 8, 2019

UNITED STATES OF AMERICA, Appellee,
v.
ADRIAN VAZQUEZ-MENDEZ, Defendant, Appellant.

          APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S. District Judge]

          Eric Alexander Vos, Federal Public Defender, District of Puerto Rico, Vivianne M. Marrero, Assistant Federal Public Defender, Supervisor, Appeals Section, and Ivan Santos-Castaldo, Research and Writing Specialist, on brief for appellant.

          Rosa Emilia Rodríguez-Vélez, United States Attorney, Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney, on brief for appellee.

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

          Boudin, Circuit Judge.

         Adrián Vázquez-Méndez ("Vázquez") pled guilty in federal district court in Puerto Rico in 2001 to one count of conspiracy to distribute cocaine, 21 U.S.C. § 846, and was sentenced to 168 months in prison followed by five years of supervised release. After serving more than eleven years in prison, Vázquez began supervised release on December 28, 2012.

         Vázquez's period of supervised release--accompanied by the common requirements that he refrain from unlawfully using controlled substances, report any changes in address, and regularly check in with his probation officer--passed without known incident until nearly the end. But in 2017, the probation officer reported several violations, including three positive drug tests for marijuana and a failure to inform his probation officer that he was living at a new location.

         Vázquez was also arrested on July 25, 2017, after his girlfriend called the police to report a domestic dispute. Police also questioned him about a domestic-violence incident on August 30, 2017. Neither incident resulted in criminal charges but a restraining order was placed against him after the second incident, pending a later hearing. Vázquez also failed to timely report the incidents to his probation officer as required by his supervised release conditions.

         He also missed a scheduled drug-treatment program and a drug-screening appointment. In each instance Vázquez claimed he was at the hospital, first to attend to a wrist injury and later because his girlfriend was experiencing complications with her pregnancy; in at least one case the hospital records showed that his time there did not conflict with his scheduled treatment appointment.

         Eventually the government filed a motion to revoke Vázquez's supervised release. Vázquez admitted that he had violated the terms of his supervised release and declined an evidentiary hearing. The parties jointly recommended a sentence of time served (forty-two days) with six months of supervised release, including three months of home detention with electronic monitoring.

         The applicable guidelines range was three to nine months, U.S.S.G. § 7B1.4(a), and the statutory maximum for a revocation of supervised release arising out of a conviction for a Class A felony--here, Vázquez's original conviction for conspiracy to distribute cocaine--was five years, 18 U.S.C. § 3583(e)(3).

         The district judge imposed an upward variance, sentencing Vázquez to two years' imprisonment plus two years of supervised release. The district court described the various violations, set forth above, and concluded:

Based on the nature and circumstances of the violations and characteristics of Mr. Vazquez, the Court will impose a sentence that reflects the seriousness of the violations, promote respect for the law and compliance with the Court's orders, provide just punishment, adequate deterrence, and protect our community from further non-compliance behavior by Mr. Vazquez-Mendez. This may assist Mr. Vazquez-Mendez to work on his rehabilitation process and his reintegration into the community. Mr. Vazquez will be placed in a controlled environment where he will have the space to think, reflect and establish new goals for himself, to continue working on his rehabilitation plan once he is released from prison.

         On the spot Vázquez's counsel objected to the sentence as substantively unreasonable and further objected to the judge's mention of rehabilitation, arguing that lengthening a criminal sentence to promote rehabilitation was impermissible. The court rejected the objection, adding that "two times he was very aggressive with his ...


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