United States v. Llanos-Falero, No. 15-1070 (1st Cir. 2017)Annotate this Case
In 2011, while serving a four-year probation sentence for a robbery, Llanos-Falero conspired to rob Banco Santander de Puerto Rico. His associate drew police away with a bogus 911 call while Llanos-Falero drove two others to the bank. They entered with a loaded 12-gauge shotgun, and stole approximately $38,813 of FDIC-insured deposits. A bank employee activated the bank's silent alarm; the two associates were arrested about 10 minutes after the start of the robbery. Before being charged, Llanos-Falero committed other offenses and was sentenced by a Puerto Rico court to one year and nine months of imprisonment for two counts of domestic violence, and, for illegal possession of a submachine gun, to seven addition years. Llanos-Falero was indicted for the federal crimes in 2014, while serving his Puerto Rico sentences. He entered a plea and was sentenced to 137 months of imprisonment for bank robbery, 18 U.S.C. 2113(a), 2113(d), and brandishing a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii), to run consecutively to the Puerto Rico sentences. The First Circuit affirmed, rejecting arguments that the sentencing judge failed to make the proper inquiry into the effects of Llanos-Falero's medication on his competence to enter a plea and failed to warn Llanos-Falero that his federal sentence might be imposed consecutively with his Puerto Rico sentences, and that the consecutively imposed federal sentence was unreasonable.