United States v. Rosario-Otero
731 F.3d 14
1st Cir.2013Background
- Rosario-Otero appeals his sentence after conviction for conspiracy to possess with intent to distribute and possession with intent to distribute cocaine and crack cocaine.
- Jury found at least 150 g of crack and 5 kg of cocaine; district court sentenced to 151 months and 10 years supervised release.
- First Circuit earlier vacated the sentence for insufficient quantity evidence and remanded for resentencing.
- At resentencing, Rosario-Otero sought a continuance to obtain witnesses; district court denied.
- Government presented evidence of foreseeability of 5–15 kg of cocaine; court treated William’s testimony as credible and corroborated Rosario-Otero’s drug point involvement.
- Court remands for possible reduction of the supervised-release term consistent with Alleyne (post- Miranda handling not at issue) and leaves other aspects intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denial was an abuse of discretion | Rosario-Otero argues the continuance was needed to obtain Rivera-Gómez | Elaborates that late arrival and lack of prep justified a continuance | No abuse; denial upheld |
| Whether the drug quantity finding was clearly erroneous | Rosario-Otero contends testimony changed and credibility issues undermine quantity | Court properly weighed credibility and found foreseeability of 5–15 kg | Not clearly erroneous; quantity supported by preponderance of evidence |
| Whether the term of supervised release should be reduced under Alleyne | Current term insupportable given Alleyne principles | Judge retains discretion on remand to adjust supervised release | Remanded for district court to consider possible reduction of supervised-release term |
Key Cases Cited
- United States v. Cintrón-Echautegui, 604 F.3d 1 (1st Cir. 2010) (drug-quantity determinations by preponderance of the evidence; standard of review for factual findings at sentencing)
- United States v. Marquez, 280 F.3d 19 (1st Cir. 2002) (clear-error review; credibility and factual determinations at sentencing)
- United States v. Platte, 577 F.3d 387 (1st Cir. 2009) (credibility determinations are part of sentencing court’s arsenal)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (requires certain facts to be found by the jury or admitted; affects supervised-release calculations on remand)
- West v. United States, 631 F.3d 563 (1st Cir. 2011) (continuance considerations include preparation time and convenience factors)
- United States v. Fink, 499 F.3d 81 (1st Cir. 2007) (continuances at sentencing disfavored; delay obligation of court)