United States v. Alejandro-Rosado, No. 16-2222 (1st Cir. 2017)Annotate this Case
Alejandro-Rosado was convicted of receiving a firearm as a person under indictment and was sentenced to 36 months' imprisonment plus three years of supervised release. While he was serving supervised release, the Probation Office notified the district court of nine separate violations of Alejandro-Rosado's supervised release terms: he failed his first drug test and subsequently failed three more drug tests; Alejandro-Rosado was observed handling a firearm and changing the magazine; he was witnessed selling cocaine. Alejandro-Rosado was arrested for being in possession of synthetic marijuana and prescription pain pills and admitted to being the owner. A search of his apartment revealed more drugs and an incriminating notebook. Though Alejandro-Rosado admitted to committing violations, he sought a sentence of four-10 months under the sentencing guidelines, citing his poor physical health, psychological well-being, misunderstanding of release terms, and full acceptance of responsibility. The court imposed the maximum 24-month sentence to reflect the seriousness of the violations, promote respect for law, provide just punishment, afford adequate deterrence, and protect the public from future crimes. The First Circuit affirmed. The district court exercised reasonable sentencing procedure and arrived at a substantively reasonable result.