United States v. Valentin

239 F. App'x 674
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 7, 2007
DocketNos. 05-6409-cr, 05-6417-cr
StatusPublished
Cited by1 cases

This text of 239 F. App'x 674 (United States v. Valentin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Valentin, 239 F. App'x 674 (2d Cir. 2007).

Opinion

SUMMARY ORDER

Defendants-Appellants Francisco Valentin and Yuri Garcia appeal from the November 21, 2005, final judgments of the United States District Court for the Southern District of New York (Kaplan, J.), which resentenced Valentin and Garcia following a remand from this Court. See United States v. Garcia, 413 F.3d 201 (2d Cir.2005).

We assume the parties’ familiarity with the facts, procedural history, and issues presented for review. In brief, Valentin and Garcia were convicted (along with other defendants) of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846, and distribution or possession with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(A). This Court’s opinion remanding Valentin’s and Garcia’s original sentences to the district court includes a full description of the offense conduct. See Garcia, 413 F.3d at 205-10. Garcia, the only defendant to go to trial, was originally sentenced to 292 months’ imprisonment; Valentin was originally sentenced to 210 months’ imprisonment on his guilty plea. Id. at 221. On appeal, Garcia’s conviction was upheld. See id. at 210-20. However, pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the cases were remanded for further proceedings to determine whether a resentencing was necessary in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Deciding that the Guidelines’ advisory character (as recognized in Booker) would have resulted in materially different sentences, the district court concluded that resentencing was appropriate, and resentenced Garcia and Valentin to terms of imprisonment of 240 months and 175 months, respectively.

“[W]e review a sentence for reasonableness,” which entails “consideration not only of the sentence itself, but also of the procedures employed in arriving at the sentence.” United States v. Fernandez, 443 F.3d 19, 26 (2d Cir.2006). “Reasonableness review does not entail the substitution of our judgment for that of the sentencing judge,” but instead looks to whether the sentencing court “ ‘exceeded the bounds of allowable discretion, committed an error of law in the course of exercising discretion, or made a clearly erroneous finding of fact.’ ” Id. at 27 (quoting Crosby, 397 F.3d at 114 (alterations omitted)).

1. The Court’s Rationale for Valentin’s Sentence

Valentin argues that his 175-month sentence should be overturned as both substantively and procedurally unreasonable because it was “inconsistent with the district court’s own sentencing rationale.” According to Valentin, the district court indicated an intention to render a non-Guidelines sentence corresponding to the Guidelines range that would have resulted [677]*677had Valentin not been eligible for a supervisory enhancement under U.S.S.G. § 3Bl.l(c). Valentin points out that had he not supervised co-defendant Alejandro Tejada, who worked for Valentin and Garcia as a drug courier, he would not have been assigned a two-level supervisory enhancement under § 3Bl.l(c), and he would have been eligible for a two-level “safety valve” reduction under U.S.S.G. § 5C1.2. This would have resulted in an offense level of 33.

Valentin is correct that the district court expressed discomfort that co-defendant DeArmas (who, as Valentin and Garcia’s supplier, was responsible for a larger drug quantity than Valentin) received a lighter sentence solely because he supervised no one. And the district court observed that, if Valentin had received safety valve relief, he would have been at offense level 33, like DeArmas. But Valentin’s arguments are nonetheless unavailing. The district court concluded that, for the purposes of the Guidelines, Valentin’s offense level was 37, not 33. The district court’s mention of the hypothetical possibility that Valentin might have received safety valve relief did not obligate the district court to grant such relief in its non-Guidelines sentence. Even though the district court decided that the impact of the supervisory enhancement was unnecessarily severe under the circumstances, and that a non-Guidelines sentence was therefore appropriate, the court clearly expressed its view that the supervisory enhancement was technically proper, and that the final non-Guidelines sentence would reflect something slightly above that which would have been rendered absent any supervisory enhancement. Moreover, the district court noted that even if Valentin had not received the supervisory enhancement, his entitlement to safety valve relief was uncertain. So the 175-month sentence, which was near— but not at — the low end of the sentencing range corresponding to an offense level of 35, was in fact quite consistent with the district court’s rationale; it nearly eliminated the impact of the two-level supervisory enhancement. We therefore have no occasion to discuss whether and to what degree any inconsistency between the sentence and the district court’s reasoning would have rendered the sentence unreasonable.

2. Unwarranted Disparities Under 18 U.S.C. § 3558(a)(6)

Valentin points out the district court’s acknowledgment that Garcia’s decision to take his case to trial made it more likely that Valentin would have received safety valve relief than Garcia (if neither defendant had supervised Tejada); Valentin argues that because he and Garcia were otherwise similarly situated, the district court violated 18 U.S.C. § 3553(a)(6) when it failed to grant Valentin a greater reduction than it granted Garcia. However, while we do not “object to district courts’ consideration of similarities and differences among co-defendants when imposing a sentence,” United States v. Wills, 476 F.3d 103, 110 (2d Cir.2007), we have never held that § 3553(a)(6) itself requires such an inquiry; the primary purpose of § 3553(a)(6) is to discourage nationwide disparities between similarly situated defendants. See id. at 109. That said, where there is a disparity between co-defendants’ sentences, “we may remand [if a] defendant credibly argues that the disparity in sentences has no stated or apparent explanation.” United States v. Ebbers, 458 F.3d 110, 129 (2d Cir.2006).

Valentin complains not of a disparity in sentence; he complains of what is in his [678]*678view an unwarranted similarity in the degree of lenience on resentencing. These arguments are unavailing.

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239 F. App'x 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valentin-ca2-2007.