United States v. Regaldo-Millares
United States v. Regaldo-Millares
Opinion of the Court
Defendant Ronaldo Fernando Regaldo-Millares (“Millares”) appeals from a judgment of conviction entered on September 22, 2005, in the United States District Court for the Southern District of New York (Daniels, J.) following a four-day jury trial. Millares was charged with and convicted of one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § § 846, 841(b)(1)(A), and one count of possessing with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). Judge Daniels sentenced Millares to a term of 168 months imprisonment. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.
“Following Booker, on sentencing appeals, we review a district court’s factual determinations for clear error, its legal
Second, Millares argues that his sentence is unreasonable. The reasonableness inquiry is a “deferential standard of review” that focuses “primarily on the sentencing court’s compliance with its statutory obligation to consider the factors detailed in 18 U.S.C. § 3553(a).” United States v. Canova, 412 F.3d 331, 350 (2d Cir. 2005). Millares contends that in light of the fact that he played a limited role in the underlying transaction, the court should have taken into account the “nature and circumstances of the offense” and imposed a below the range “non-Guidelines” sentence. See 18 U.S.C. § 3553(a)(1). The record reveals that Judge Daniels properly considered the factors enumerated in Section 3553(a) and in fact accounted for Millares’s limited role in the offense when he imposed a sentence at the low end of the Guidelines range. Moreover, because Millares and his co-defendant were not similarly situated, there is no unwarranted disparity between their sentences. See United States v. Ebbers, 458 F.3d 110, 129 (2d Cir. 2006) (concluding that “varying degrees of culpability and cooperation between the various defendants” in a case is a reasonable basis for imposing different sentences).
For the foregoing reasons, we AFFIRM the judgment of the District Court.
Reference
- Full Case Name
- United States v. Ronaldo Fernando REGALDO-MILLARES
- Status
- Published