United States v. Jose Albertorio-Garcia
685 F. App'x 109
| 3rd Cir. | 2017Background
- Albertorio-Garcia was convicted after a three-day trial of four distribution/possession-with-intent-to-distribute heroin counts and one gun-for-drug-trafficking count under 18 U.S.C. § 924(c).
- A confidential informant conducted four controlled heroin buys from him, under Pennsylvania State Police direction, with surveillance of the transactions.
- Police arrested him after the final buy and found 140 bags of heroin, currency, a loaded firearm, ammunition, and a digital scale with white residue in his home.
- The Probation Office determined he was a career offender, calculating a guideline range of 360 months’ to life, which the district court treated as the starting point.
- The district court imposed a 300-month sentence: 240 months on heroin counts (concurrent) and 60 months on the § 924(c) count, and judgment was entered July 18, 2016.
- Albertorio-Garcia appeals challenging the sufficiency of the evidence for the firearm conviction and the reasonableness of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the firearm conviction | Albertorio-Garcia contends the evidence failed to prove possession in furtherance of drug trafficking. | Albertorio-Garcia argues the firearm was not demonstrably linked to the drug offense. | Evidence supported conviction; gun near drug paraphernalia and observed at a controlled buy sufficed. |
| Reasonableness of the sentence | Albertorio-Garcia requests a downward variance based on mitigating factors. | Albertorio-Garcia asserts the 300-month term is too harsh given the offense and his history. | District Court’s sentence was substantively reasonable and within the court’s discretion. |
Key Cases Cited
- United States v. Sparrow, 371 F.3d 851 (3d Cir. 2004) (relevance of firearm proximity to drugs for § 924(c) sufficiency)
- United States v. Iglesias, 535 F.3d 150 (3d Cir. 2008) (gun loaded; proximity to drugs and money supports § 924(c))
- United States v. Tomko, 562 F.3d 558 (3d Cir. 2009) (abuse of discretion standard for sentencing (en banc))
- United States v. Lessner, 498 F.3d 185 (3d Cir. 2007) (reasonableness review requires substantial basis in 3553(a) factors)
- United States v. Levinson, 543 F.3d 190 (3d Cir. 2008) (procedural sufficiency and appellate review of sentences)
- Rita v. United States, 551 U.S. 338 (U.S. 2007) (review of proportionality and factors under 3553(a))