USA v. Carmelo Rosado-Curbelo, No. 13-12662 (11th Cir. 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Case: 13-12662 Date Filed: 01/23/2014 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-12662 Non-Argument Calendar ________________________ D.C.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 33month 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. ยงยง 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
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