United States v. Roccisano
673 F.3d 153
2d Cir.2012Background
- 1989 SDNY jury conviction for conspiracy to import heroin and cocaine; concurrent 235-month term with five years' supervised release.
- 2006 release and immediate deportation; not under active supervision despite statutorily mandated supervised release.
- 2010 arrest for illegal reentry; guilty plea to 8 U.S.C. §1326(a) & (b)(2).
- Sentencing delayed to December 2010 after government sought to withhold details to avoid compromising investigations.
- District court calculated Guidelines range as 46–57 months; government abandoned upward departure and sought 46 months; court imposed 46 months at bottom of range.
- Court held that a two-point enhancement for offense committed while under a criminal justice sentence applied despite deportation, and rejected arguments for downward departure or unsubstantiated allegations influencing the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of two-point CH enhancement under § 4A1.1(d). | Roccisano contends deportation ends supervision; no active supervision. | Roccisano argues no supervision existed at time of reentry. | Deportation does not terminate supervision; enhancement applies. |
| Procedural basis for sentence tied to other criminal activity. | Roccisano alleges district court relied on unproven insinuations. | Court failed to exclude such considerations. | Court explicitly set aside Government's prior claims; no improper reliance. |
| Substantive reasonableness under 3553(a) given personal circumstances. | Mentions daughter's medical needs warrant below-Guidelines sentence. | Personal factors not compelling enough for downward departure. | Court did not abuse discretion; no downward departure warranted. |
Key Cases Cited
- United States v. Cuero-Flores, 276 F.3d 113 (2d Cir. 2002) (deportation does not terminate supervised release for § 4A1.1(d))
- United States v. Williams, 369 F.3d 250 (3d Cir. 2004) (term of supervised release survives deportation for CH calculations)
- United States v. Ramirez-Sanchez, 338 F.3d 977 (9th Cir. 2003) (DEPORTATION not terminating supervised release for § 4A1.1(d))
- United States v. Akinyemi, 108 F.3d 777 (7th Cir. 1997) (deportation not terminating supervised release for § 4A1.1(d))
- United States v. Brown, 54 F.3d 238 (5th Cir. 1995) (deportation does not terminate supervised release)