United States v. Carmelo Rosado-Curbelo ( 2014 )


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  •           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    [DO NOT PUBLISH]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
    2
    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.
    3
    

Document Info

Docket Number: 13-12672

Filed Date: 1/23/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021