United States v. Hector Roldan-Luna
675 F. App'x 103
| 3rd Cir. | 2017Background
- Roldan-Luna pleaded guilty (2004) to conspiracy to distribute and possess with intent to distribute cocaine base (federal) and was sentenced to 210 months imprisonment; he also pleaded guilty to state third-degree murder/attempt (2005) with concurrent sentence.
- He participated in an interstate crack-trafficking organization, cooked and distributed crack, and shot two individuals during a territorial dispute.
- After Guideline Amendment 782 lowered his Guidelines range (to 120–135 months), Roldan-Luna moved under 18 U.S.C. § 3582(c)(2) (Aug. 24, 2015) for a sentence reduction.
- The U.S. Probation Office opposed the reduction; the District Court denied the motion (June 27, 2016) citing public-safety concerns and the defendant’s post-sentencing conduct.
- The Third Circuit reviews § 3582(c)(2) reductions for abuse of discretion, reviewing guideline interpretation de novo but deferring to the district court’s sentencing judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court properly relied on § 3553(a) public-safety factor to deny § 3582(c)(2) reduction | Roldan-Luna: public-safety factor addresses only U.S. public and he will be deported, so release won’t threaten U.S. public | Government/District Court: deportation uncertain; criminal conduct abroad and illegal reentry can harm U.S.; defendant’s background increases risk | Court affirmed: reliance on public-safety factor was not error given risks including possible reentry and overseas harm |
| Whether post-sentencing conduct justified denial of reduction | Roldan-Luna: infractions not sufficient to deny reduction | Government/District Court: extensive and serious disciplinary record in prison (drugs, weapons, assaults, threats) indicates public-safety risk | Court affirmed: post-sentencing conduct supported denial and did not constitute abuse of discretion |
Key Cases Cited
- United States v. Mateo, 560 F.3d 152 (3d Cir.) (standard of review for § 3582(c)(2) reductions)
- United States v. Styer, 573 F.3d 151 (3d Cir.) (deference to district court sentencing determinations)
- United States v. Wills, 476 F.3d 103 (2d Cir.) (criminal conduct abroad and cross-border harms can affect U.S. public safety)
- United States v. Morales-Uribe, 470 F.3d 1282 (8th Cir.) (prior illegal reentry attempts bear on whether deportation will protect U.S. public)
- Kimbrough v. United States, 552 U.S. 85 (2007) (Supreme Court decision referenced regarding guideline considerations)