United States v. Darren Quesada
676 F. App'x 726
| 9th Cir. | 2017Background
- Defendant Darren Quesada appealed a sentence of 3 years imprisonment and 136 months of supervised release after supervised-release violations and related offenses.
- The district court imposed an upward departure from the Guidelines range, citing repeated violations, prior revocations, and risk to the community.
- Defense argued the sentence unlawfully aimed to place Quesada in prison long enough to obtain in-custody treatment (raising Tapia concerns) and challenged eight supervised-release conditions as vague/overbroad.
- The district court explained the sentence was to punish significant breaches of trust and protect the public, and discussed (but did not base the sentence on) prison-based treatment opportunities.
- The Ninth Circuit affirmed the sentence and the supervised-release conditions, but remanded solely to reconcile a discrepancy between the oral pronouncement and the written judgment for Special Condition Six.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence violated Tapia by being imposed to ensure in-custody treatment eligibility | Government: sentence was imposed for punishment and public protection, not to secure treatment | Quesada: court sentenced him to enable participation in prison treatment, violating Tapia | No Tapia violation; court did not sentence to ensure treatment eligibility and only discussed rehabilitation opportunities |
| Substantive reasonableness of sentence length | Government: sentence justified by history, revocations, danger to community | Quesada: sentence was excessive | Affirmed as reasonable given repeated similar offenses, prior revocations, and danger to community supporting upward departure |
| Validity of eight supervised-release conditions | Government: conditions relate to deterrence, protection, rehabilitation | Quesada: conditions vague/overbroad | Conditions upheld; not plain error given lack of controlling precedent and reasonable relationship to statutory goals |
| Whether written judgment must match oral pronouncement for Special Condition Six | Government: oral pronouncement controls; correct the written judgment | Quesada: sought consistency between oral and written terms | Remanded to district court to conform written judgment to the oral pronouncement |
Key Cases Cited
- Tapia v. United States, 564 U.S. 319 (2011) (sentencing may not be imposed to ensure defendant receives in-custody rehabilitation)
- United States v. Musa, 220 F.3d 1096 (9th Cir. 2000) (danger to community can support upward Guidelines departure)
- United States v. Leonard, 483 F.3d 635 (9th Cir. 2007) (affirming sentence above Guidelines after supervised-release revocation for continued drug use)
- United States v. Watson, 582 F.3d 974 (9th Cir. 2009) (supervised-release conditions must relate to deterrence, protection, or rehabilitation)
- United States v. Gnirke, 775 F.3d 1155 (9th Cir. 2015) (plain-error review where no controlling precedent on condition vagueness/overbreadth)
- United States v. Gonzalez-Aparicio, 663 F.3d 419 (9th Cir. 2011) (discussing standards for plain-error review of conditions)
- United States v. Hicks, 997 F.2d 594 (9th Cir. 1993) (oral pronouncement of sentence controls over conflicting written judgment)
