United States v. Carmelo Rosado-Curbelo

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 23, 2014
• Docket: 13-12672
• Status: Unpublished

Opinion

Case: 13-12662 Date Filed: 01/23/2014 Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 13-12662 Non-Argument Calendar ________________________

D.C. Docket No. 1:00-tp-00142-KMM-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARMELO ROSADO-CURBELO,

Defendant-Appellant

________________________

No. 13-12672 Non-Argument Calendar ________________________

D.C. Docket No. 1:09-cr-20515-KMM-1 Case: 13-12662 Date Filed: 01/23/2014 Page: 2 of 3

Defendant-Appellant.

Appeals from the United States District Court for the Southern District of Florida ________________________

(January 23, 2014)

Before PRYOR, FAY, and EDMONDSON, Circuit Judges.

PER CURIAM:

Carmelo Rosado-Curbelo appeals his 33-month (upward variance) sentence;

and his 18-month sentence imposed following the revocation of the supervised

release in two cases (although he raises no argument on appeal about his 18-month

sentence). In context of the record, the district court’s explanation for his 33-

month sentence, though brief, was adequate; and that sentence was procedurally 2 Case: 13-12662 Date Filed: 01/23/2014 Page: 3 of 3

reasonable. See United States v. Agbai, 497 F.3d 1226 (11th Cir. 2007). The

court’s 33-month sentence was also substantively reasonable in the light of the

record and the relevant sentencing factors identified in 18 U.S.C. §§ 3553(a) and

3853(e), particularly given Rosado-Curbelo’s problems with recidivism and with

adhering to the terms of his supervised release.

AFFIRMED.