United States v. Serna
United States v. Serna
Opinion of the Court
SUMMARY ORDER
Defendant-appellant Eduardo Antonio Serna challenges a November 21, 2007 judgment of the District Court sentencing defendant principally to 70 months’ imprisonment to be followed by five years of supervised release, entered by the Court after he pleaded guilty, with no plea agreement, to conspiring to distribute and to possess with intent to distribute 50 grams or more of cocaine base, see 21 U.S.C. §§ 846(b), 841(b)(l)(A)(iii), and to distributing and possessing with intent to intent to distribute 50 grams or more of cocaine base, see 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(iii). On appeal, defendant contends that (1) the sentence imposed by the District Court was procedurally and substantively unreasonable and (2) he received ineffective assistance of counsel. We assume the parties’ familiarity with the facts and procedural history of the case.
Defendant’s sentence was neither procedurally nor substantively unreasonable. United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (ere banc) (“[Appellate scrutiny [of sentences] encompasses two components: procedural review and substantive review.”). It is undisputed that the District Court identified the proper Guidelines range, acknowledged that the range was advisory, and considered the factors set forth in 18 U.S.C. 3553(a). See United States v. Rattoballi, 452 F.3d 127, 131-32 (2d Cir. 2006) (reasoning that, whether a sentence is “procedurally reasonable” depends on “whether the district court properly (a) identified the Guidelines range supported by the facts found by the court, (b) treated the Guidelines as advisory, and (c) considered the Guidelines together with the other factors outlined in 18 U.S.C. § 3553(a)”). We note, in particular, that the District Court correctly applied U.S.S.G. § 2D1.1 cmt. n. 10, as written, see United States v. Crosby 397 F.3d 103, 115 (2d Cir. 2005) (noting that district courts must consider “the applicable Guidelines range (or arguably applicable ranges) as well as the other factors listed in [S]ection 3553(a)” (emphasis added)), and that defense counsel did not object to the District Court’s Guidelines calculation. Moreover, we find that the sentence imposed by the District Court, which was at the bottom of the recommended Guidelines range, was substantively reasonable.
Although we have “expressed a baseline aversion to resolving ineffectiveness claims on direct review, ... [we have] entertained ineffective assistance claims
CONCLUSION
For the reasons stated above, the November 21, 2007 judgment of the District Court is AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.