United States v. Quinones-Otero
869 F.3d 49
| 1st Cir. | 2017Background
- Quiñones-Otero pled guilty to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1).
- District court sentenced him to 27 months in prison, at the top end of the Guidelines range, with three years of supervised release and a six-month curfew 6:00 PM–6:00 AM enforced by electronic monitoring.
- Police observed a firearm on Quiñones-Otero at 6:00 AM; he discarded the gun during a pursuit and was later arrested.
- During interrogation, Quiñones-Otero admitted a prior Puerto Rico copyright-law conviction; records later confirmed a two-year prior imprisonment.
- The court imposed a six-month curfew during non-working hours and required 24-hour electronic monitoring, noting these conditions were reasonably related to the offense and sentencing factors.
- Quiñones-Otero appealed, challenging the curfew/electronic monitoring and asserting the sentence was procedurally and substantively unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether curfew and electronic monitoring are reasonable conditions | Quiñones-Otero argued the electronic monitoring period and curfew were unreasonable and improperly imposed. | The government contends the curfew and monitoring are reasonably related to the offense, deterrence, and public protection, and necessary to ensure compliance. | Curfew upheld; electronic monitoring upheld as necessary to enforce curfew. |
| Whether the sentence is procedurally and substantively reasonable within the guidelines | Quiñones-Otero contends the sentence is procedurally and substantively unreasonable due to inadequate explanation of § 3553(a) factors and other flaws. | The district court properly followed the sentencing procedure and balancing of § 3553(a) factors within the Guidelines range. | No error; sentence within guidelines and reasonably explained in context. |
| Whether untranslated Spanish-language documents could be considered on appeal | Quiñones-Otero relied on Spanish-language documents attached to his sentencing memorandum. | Jones Act requires English in proceedings; untranslated Spanish documents could not be considered. | Spanish documents not considered; English requirement respected. |
Key Cases Cited
- United States v. Rivera-López, 736 F.3d 633 (1st Cir. 2013) (conditions of release must be reasonably related to offense or history and not more restrictive than necessary)
- United States v. Fey, 834 F.3d 1 (1st Cir. 2016) (district court need not spell out every factor as long as reasoning can be inferred from the record)
- United States v. Pabon, 819 F.3d 26 (1st Cir. 2016) (affirming consideration of record evidence in evaluating reasons for special conditions)
- United States v. Laureano-Pérez, 797 F.3d 45 (1st Cir. 2015) (defendant-advocated factors need not be enumerated individually when district court states it considered all factors)
- United States v. Serunjogi, 767 F.3d 132 (1st Cir. 2014) (procedural roadmap for sentencing observed when within-guidelines)
- United States v. Dávila– González, 595 F.3d 42 (1st Cir. 2010) (district court’s consideration of relevant factors in context of § 3553(a))
- Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9 (1st Cir. 2007) (language requirements impact admissibility of pleadings)
- United States v. Dixon, 449 F.3d 194 (1st Cir. 2006) (district court need not address each § 3553(a) factor individually)
- United States v. Clogston, 662 F.3d 588 (1st Cir. 2011) (within-guidelines sentence still requires consideration of § 3553(a) factors)
- United States v. Denson, 689 F.3d 21 (1st Cir. 2012) (crediting district court's broad consideration of history and characteristics)
