United States v. Martinez

285 F. App'x 921
CourtCourt of Appeals for the Third Circuit
DecidedJuly 29, 2008
Docket07-3008
StatusUnpublished

This text of 285 F. App'x 921 (United States v. Martinez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martinez, 285 F. App'x 921 (3d Cir. 2008).

Opinion

OPINION

BARRY, Circuit Judge.

Rafael Martinez, Jr. appeals his sentence of 121 months’ imprisonment for conspiring to distribute cocaine. We will affirm.

I.

Martinez was arrested on February 26, 2004 moments after he and several associates sold approximately 3.3 kilograms of cocaine to an undercover drug enforcement officer. Several months later, he entered into a cooperating plea agreement with the government under which he agreed to plead guilty to one count of conspiracy to distribute and possess with the intent to distribute more than 500 grams of cocaine, contrary to 21 U.S.C. § 841(a)(1) and (b)(1)(B), in violation of 21 U.S.C. § 846, and the government agreed to move for a downward departure on his behalf were he to render substantial assistance.

*923 Subsequent to entering his plea of guilty, but before his sentencing, Martinez was arrested and convicted in Virginia for conspiracy to distribute and possess with the intent to distribute 1 kilogram of cocaine. As a result of this Virginia conviction, the presentence investigation report (“PSR”) recommended that he not receive a downward adjustment in his offense level for acceptance of responsibility because “[h]is conduct is not illustrative of an individual who is truly remorseful for the crimes with which he has been charged.” Martinez’s attorney objected in two letters to the Court, arguing that

[t]he conduct for which he was arrested in Virginia was undertaken by him in furtherance of [his plea] agreement. Even though the Government did not authorize it, he was attempting to secure the confidence of a potential target [named “Victor”]—one whose name and . contact information he had shared with DEA agents.

(App. at 6) (emphasis added.)

Martinez’s attorney continued this argument at the sentencing hearing, and asserted, for the first time, that phone records would support his contention that Martinez had spoken with his DEA handlers about “Victor” in the days leading up to his arrest in Virginia. The government disputed Martinez’s assertion that he had previously provided it with information about “Victor,” and advised the District Court that Martinez’s handlers had not heard from him for several months before his arrest. Given the factual dispute and believing that Martinez was attempting to show that he had purchased the drugs with the government’s imprimatur, the Court initially believed that the sentencing hearing should be adjourned so that additional facts could be gathered. After it became clear that Martinez was not claiming that his handlers had approved the purchase that led to the Virginia conviction—he was only attempting to show that he had provided the DEA with information about “Victor” prior to his arrest, a position the Court was “willing to accept”—the Court concluded that an adjournment was not necessary. The Court declined, however, to award a downward adjustment for acceptance of responsibility given that Martinez’s claim that he told the DEA about “Victor” “doesn’t contradict the fact that he engaged in criminal conduct.”

With an offense level of 28 and a criminal history category of III, the District Court calculated Martinez’s range of imprisonment to be 97 to 121 months and imposed a sentence of 121 months’ imprisonment, to be followed by a 5-year period of supervised release. This timely appeal followed. 1

II.

Martinez argues that: (1) the District Court erred by refusing to adjourn the sentencing hearing so that he could gather additional evidence in support of his motion for a downward adjustment for acceptance of responsibility; (2) the Court erred by not granting him that downward adjustment; (3) the Court failed to give “meaningful consideration” to the factors set forth in 18 U.S.C. § 3553(a); and (4) the sentence imposed by the Court was not reasonable. 2

*924 A. Adjournment Request

We have little difficulty concluding that the District Court’s decision to proceed with sentencing as scheduled did not constitute an abuse of discretion. See Gov’t of V.I. v. Charleswell, 115 F.3d 171, 174 (3d Cir.1997) (stating that the decision to grant or deny an adjournment request “is traditionally within the discretion of the trial judge who must be given wide latitude in arranging the court’s schedule”). Because the Court assumed for purposes of sentencing the only fact that Martinez sought to prove (i.e., that he had spoken with the agents about “Victor” prior to his arrest), there was no reason that the sentencing hearing could not move forward.

B. Sentencing Challenges

“Booker contemplates that the district court will impose a discretionary sentence after consideration of the [PSR], as well as the advisory Guidelines, the grounds properly raised by counsel, the defendant’s allocution, any victim statements, and other relevant evidence.” United States v. Gunter, 527 F.3d 282, 286 n. 2 (3d Cir.2008). To accomplish this goal, the district court must sentence defendants using a three-step process. First, it “must begin the process by correctly calculating the applicable Guidelines range.” United States v. Wise, 515 F.3d 207, 216 (3d Cir.2008). Next, it must formally rule on any motions for departure. Id. “Finally, after giving both sides the chance to argue for the sentences they deem appropriate, the court must exercise its discretion by considering all of the § 3553(a) factors and determining the appropriate sentence to impose.” Id. at 216-17. “If we determine that the district court has committed no significant procedural error, we then review the substantive reasonableness of the sentence under an abuse-of-discretion standard, regardless of whether it falls within the Guidelines range.” Id. at 218.

Martinez contends, first, that he was entitled to a lower offense level based on his acceptance of responsibility. We review a district court’s decision to grant or deny a defendant’s motion for a downward adjustment on this ground for clear error. United States v. Bennett, 161 F.3d 171, 196 (3d Cir.1998) (stating that “the District Court’s decision whether to grant the adjustment is entitled to ‘great deference’ on review because ‘the sentencing judge is in a unique position to evaluate a defendant’s acceptance of responsibility5 ”) (quoting USSG § 3E1.1 cmt. n. 5).

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Related

United States v. John G. Bennett, Jr.
161 F.3d 171 (Third Circuit, 1998)
United States v. Wise
515 F.3d 207 (Third Circuit, 2008)
United States v. Gunter
527 F.3d 282 (Third Circuit, 2008)

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Bluebook (online)
285 F. App'x 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martinez-ca3-2008.