United States v. Roman

645 F. App'x 922
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 14, 2016
DocketNo. 15-13187
StatusPublished
Cited by2 cases

This text of 645 F. App'x 922 (United States v. Roman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Roman, 645 F. App'x 922 (11th Cir. 2016).

Opinion

PER CURIAM:

Juan Roman appeals his total sentence of 300 months’ imprisonment imposed after pleading guilty to one count of receipt of a visual depiction of a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(2), and two counts of possession of a visual depiction of a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B).1 Roman argues that the 300 months’ term is substantively unreasonable because the district court committed an error of judgment when weighing the sentencing purposes listed in 18 U.S.C. § 3553(a) and imposed a sentence greater than necessary to comply with those purposes.

Roman relies on two cases to illustrate his argument. The first case is United States v. Beasley, 562 Fed.Appx. 745 (11th Cir.2014), cert. denied, — U.S. —, 135 S.Ct. 186, 190 L.Ed.2d 145 (2014). He contends that his offense is similar to that of the defendant in Beasley with regard to the number of images of child pornography involved. As the defendant in Beasley was granted a downward variance due to mitigating factors, Roman believes he is entitled to a downward variance for the same reason. The second case is United States v. Dean, 635 F.3d 1200 (11th Cir.2011). The district court categorized him as a “hands-on” offender and imposed a sentence similar to the sentence Dean received despite the fact that his conduct did not approach the length and level of sexual abuse involved in Dean.

We review the reasonableness of a sentence under a deferential abuse of discretion standard of review. Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 591, 169 L.Ed.2d 445 (2007). The district court must impose a sentence “sufficient, but not greatér than necessary” to comply with the sentencing purposes listed in [924]*924§ 3553(a)(2), including the need to reflect the seriousness of the offense, promote respect for the law, provide just punishment for the offense, deter criminal conduct, and protect the public from the defendant’s future criminal conduct. See 18 U.S.C. § 3553(a)(2). In addition to these purposes, the court must also consider the nature and circumstances of the offense, the history and characteristics of the defendant, the kinds of sentences available, the applicable guideline range, the pertinent policy statements of the Sentencing Commission, the need to avoid unwarranted sentencing disparities, and the need to provide restitution to victims. Id. § 3553(a)(1), (3)-(7).

Before we review the substantive reasonableness of a sentence, we must be satisfied that the sentence is procedurally reasonable — that, for example, the district court properly calculated the sentence range under the Guidelines, considered the § 3553(a) purposes of sentencing, and adequately explained the sentence imposed. Gall, 552 U.S. at 51, 128 S.Ct. at 597. Roman does not question the procedural reasonableness of his sentences (and we discern no basis for doing so); we therefore move to the issue of whether his total sentence of 300 months is substantively unreasonable. We consider whether it is unreasonable in light of the totality of the circumstances. Id.

In resolving the reasonableness issue, we are mindful that the weight a district court gives the § 3553(a) sentencing factors, including the sentencing purposes listed in subsection (a)(2) and the need to avoid unwarranted sentencing disparity indicated in subsection (a)(6), is committed to the court’s sound discretion, United States v. Clay, 483 F.3d 739, 743 (11th Cir.2007); that there is a “range of reasonable sentences from which the district court may choose,” United States v. Talley, 431 F.3d 784, 788 (11th Cir.2005); and that a sentence within the Guidelines sentence range is ordinarily expected to be reasonable. United States v. Hunt, 526 F.3d 739, 746 (11th Cir.2008). At the end of the day, we will set aside a sentence only if left with the firm conviction that the district court committed a clear error of judgment in weighing the § 3553(a) purposes and arrived at a sentence lying outside the range of reasonable sentences warranted by the facts of the case. United States v. Irey, 612 F.3d 1160, 1190 (11th Cir.2010) (en banc).

Having reviewed the record and the parties’ briefs, we conclude that Roman’s total sentence of 300 months is not substantively unreasonable. We are not persuaded by his argument that the sentences imposed in Beasley and Dean demonstrate that, in his case, the district court made a clear error of judgment and imposed a total sentence that is beyond the range of reasonable sentences the court could have handed down.

In Beasley the defendant Beasley’s computers contained “267 movies and 6,405 images of child pornography” and “he admitted that he had collected images and videos of child pornography since the early 1990s and had over 40,000 child pornography images.” 562 Fed.Appx. at 746-47. Beasley’s Guidelines sentence range was 151 to 188 months’ imprisonment.2 The district court granted Beasley’s request for a downward variance and imposed a sentence of 115 months.

The district court listed its reasons for the variance, including the nature and circumstances of the offense, Beasley’s history and characteristics, including his:
[925]*925(1) mental health issues; (2) exposure to his father who was a negative influence; (3) difficult teenage years; (4) depression; (5) voluntarily, committing himself three times for suicidal ideation; (6) “self-rehabilitation”; (7) low risk of recidivism documented in Dr. Cohen’s report; and (8) lack of criminal history, particularly the lack of “history of inappropriate contact offenses, particularly contact offenses with minors.”

In his case, Roman transmitted and received child pornography over the internet through ARES, a peer-to-peer file-sharing network. His ARES search history, as disclosed by his laptop computer and hard drive, showed that he had conducted over 1,000 searches, predominantly seeking child pornography. His laptop contained over 50 and his hard drive over 500 video files, with titles suggestive of child pornography, making him accountable for a total of 41,250 images. Roman made several of the child pornography videos himself in addition to making hundreds of files that others could download. He set up a hidden camera in his bathroom to film visitors, including his children, undressed. He hid another camera in his kitchen, which, among other things, showed him lifting up a six-year old girl several times, grabbing her buttocks and touching her in her genital area.

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Related

Roman v. United States
S.D. Florida, 2021
United States v. Juan Roman
Eleventh Circuit, 2021

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Bluebook (online)
645 F. App'x 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-roman-ca11-2016.