United States v. Maisonet-González
785 F.3d 757
| 1st Cir. | 2015Background
- Maisonet pled guilty to conspiracy to commit bank fraud under 18 U.S.C. §1344 and was sentenced to 51 months, at the top of the Guidelines range.
- The loss for sentencing was contested: the PSR used a $445,000 loss, while the plea agreement proposed deducting restitution of $327,297.32, affecting the loss-based enhancement.
- Restitution of $327,297.32 was paid in 2008 pursuant to state civil settlement despite the federal investigation.
- The district court ultimately applied a total offense level of 20 based on a loss between $400,000 and $1,000,000 and a Criminal History Category III, yielding a 41–51 month range.
- Maisonet argued restitution should offset the loss for purposes of applying U.S.S.G. § 2B1.1(b)(1); the court disagreed and treated the full loss as attributable to the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Loss calculation method for § 2B1.1(b)(1) | Maisonet: restitution before detection should offset loss | Maisonet: offset should reduce loss to 117,703 | Loss offset denied; full loss used for enhancement |
| Double counting in sentence factors | Maiston contends prior history counted twice | History used to set Criminal History Category and inform factors | No impermissible double counting; permissible consideration of history in §3553(a) |
| Lack of remorse finding | Court erred in finding lack of remorse | Record supports lack of remorse based on conduct | Not clearly erroneous; finding upheld |
| Non-Guidelines sentence/Downward departure | Parties asked for time served per plea agreement | Court should scope factors allowing non-Guidelines sentence | District court reasonably declined departure; within-range sentence affirmed |
Key Cases Cited
- United States v. Battle, 637 F.3d 44 (1st Cir. 2011) (abuse-of-discretion standard for reasonableness review; within-range not automatically unreasonable)
- United States v. Ramos, 763 F.3d 45 (1st Cir. 2014) (within-Guidelines review; totality of circumstances)
- United States v. Serunjogi, 767 F.3d 132 (1st Cir. 2014) (multifaceted reasonableness review; within-Guidelines variance)
- United States v. Trinidad-Acosta, 773 F.3d 298 (1st Cir. 2014) (consideration of §3553(a) factors in evaluating reasonableness)
- United States v. Rivera-Moreno, 613 F.3d 1 (1st Cir. 2010) (procedural reasonableness guidance; proper calculation and explanation)
- United States v. Batchu, 724 F.3d 1 (1st Cir. 2013) (guidelines interpretation; de novo review of application notes)
- United States v. García-Pastrana, 584 F.3d 351 (1st Cir. 2009) (loss calculation and credit for restitution; time of detection)
- United States v. Zapete-García, 447 F.3d 57 (1st Cir. 2006) (double counting caution; need articulation for relying on same factor)