United States v. Carmelo Rosado-Curbelo
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[DO NOT PUBLISH]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 ________________________ No. 13-12662 Non-Argument Calendar ________________________ D.C. Docket No. 1:00-tp-00142-KMM-1
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARMELO ROSADO-CURBELO, Defendant-Appellant
________________________ No. 13-12672 Non-Argument Calendar ________________________ 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.
________________________ Appeals from the United States District Court for the Southern District of Florida ________________________ (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 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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