United States v. Méndez-Báez
Opinion of the Court
Appellant Kevin Joniel Méndez-Báez appeals his incarcerative sentence of 60 months, 19 months above the upper end of the advisory guidelines sentencing range. He argues that the district court erred procedurally in not considering all of the
I. BACKGROUND
On August 24, 2017, Puerto Rico police pulled over a car after observing its apparently illegal window tint. The driver, Méndez, produced a learner's driving permit and told an officer that he did not have the car's registration information. While inspecting the vehicle's registration window decal, an officer observed an extended ammunition magazine attached to a firearm on the floor of the passenger side of the car. The police ordered Méndez and his passenger, Jorge Roberto Rivera-Báez, out of the vehicle. Neither Méndez -- who had been serving a term of probation for a prior felony conviction -- nor Rivera had a firearms permit. The officers placed the two men under arrest and searched the vehicle, discovering that the firearm was a .40 caliber Model 23 Glock pistol with an extended 29-round magazine attached, loaded with 22 rounds of ammunition. The police also found two fully loaded 13-round magazines. The pistol had a chip that modified it to fire as a fully automatic weapon. After running the license plates through *41their database, the officers learned that the car had been flagged as "disappeared" by a financial institution. At the station, Rivera -- the passenger - - stated that the pistol, the magazines, and the car belonged to him.
A grand jury charged Méndez with being a felon in possession of a firearm and ammunition in violation of
In his sentencing memorandum, Méndez argued for a sentence at the low end of the GSR, noting that Rivera had admitted ownership of the gun, ammunition, and the car, that he had long suffered from an often-untreated psychological condition, and that he was simply in the "wrong place with the wrong person at the wrong time." The government, meanwhile, argued for a sentence at the upper end of the GSR, highlighting that Méndez was the driver of the car that had been flagged as disappeared, that he committed the instant offense while on probation for attempted murder and related firearms offenses, and that his prior sentence of probation had not deterred Méndez from criminal activity.
The district court accepted the PSR's calculated GSR. The judge stated that he had considered the
II. ANALYSIS
Méndez argues on appeal that the district court committed procedural error by failing to consider critical factors in sentencing. He further argues that his variant sentence was substantively too harsh. Neither of these challenges is meritorious.
A.
A generous reading of Méndez's brief suggests a procedural challenge to his sentence based on the district court's alleged failure to consider certain salient factors, specifically: (1) his early acceptance of responsibility for his actions and (2) the fact that Rivera, the passenger, admitted to owning the firearm, ammunition, and the car. Méndez failed to lodge these objections below. When a party has not preserved the procedural issues raised on appeal by objecting in the district court, we review only for plain error. See United States v. González-Barbosa,
*42Although the sentencing court must consider all the § 3553(a) factors, see United States v. Martin,
B.
Méndez also argues that his sentence is substantively unreasonable because it is too harsh given the totality of the circumstances surrounding his offense and conviction. He urges us to reconsider the weighing of various sentencing factors, including those mentioned above, his tumultuous family life during his childhood, his remorse, and the fact that his crime was victimless.
Méndez did not preserve this challenge below. It remains unclear whether we review unpreserved claims of substantive unreasonableness in sentencing for abuse of discretion or plain error. See United States v. Reyes-Gomez, No. 17-1757,
Although the court imposed an upwardly variant sentence, under abuse of discretion review the sentence "will survive a challenge to its substantive reasonableness as long as it rests on a 'plausible sentencing rationale' and reflects a 'defensible result.' " United States v. Pérez,
Here, the court adequately justified the sentence through plausible reasoning, relying on various § 3553(a) factors and Méndez's sentencing memorandum. The court specifically noted the danger and destructive potential of automatic weapons. It also relied on a need for heightened deterrence, given that Méndez committed the instant offense while on probation for other offenses. In these situations, we afford "due deference to the district court's decision *43that the § 3553(a) factors, on a whole, justify the extent of the variance." de Jesús,
III. CONCLUSION
For the foregoing reasons, the sentence imposed by the district court is hereby AFFIRMED.
Reference
- Full Case Name
- United States v. Kevin Joniel MÉNDEZ-BÁEZ
- Cited By
- 2 cases
- Status
- Published