United States v. Carmelo Rosado-Curbelo

U.S. Court of Appeals for the Eleventh Circuit

United States v. Carmelo Rosado-Curbelo

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[DO NOT PUBLISH]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

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No. 13-12662

Non-Argument Calendar

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D.C. Docket No. 1:00-tp-00142-KMM-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus CARMELO ROSADO-CURBELO,

Defendant-Appellant

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No. 13-12672

Non-Argument Calendar

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D.C. Docket No. 1:09-cr-20515-KMM-1

Case: 13-12662 Date Filed: 01/23/2014 Page: 2 of 3 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus CARMELO ROSADO-CURBELO,

Defendant-Appellant.

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Appeals from the United States District Court

for the Southern District of Florida

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(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

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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.

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Reference

Status
Unpublished