United States v. Sergio Calderon
676 F. App'x 955
| 11th Cir. | 2017Background
- Calderon pleaded guilty to conspiracy to possess with intent to distribute >=500 grams of cocaine; statutory maximum 40 years.
- Law enforcement conducted controlled buys, a wiretap of a co-defendant, and arrests that recovered multiple kilograms of cocaine and large amounts of cash; Calderon was arrested at an apartment where 2 kg of cocaine and cash were found.
- The PSR recommended an advisory Guideline range of 51–63 months (Total Offense Level 24, CHC I).
- The district court imposed an upward variance to 120 months, citing that Calderon’s criminal history was underrepresented by the Guideline calculation and noting a post-plea arrest for drug trafficking.
- Calderon appealed, arguing the upward variance was substantively unreasonable because the court (1) erred in finding his criminal history underrepresented and (2) gave excessive weight to the post-plea arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court abused discretion by finding Calderon’s CHC underrepresented | Calderon: CHC I was correct; criminal history not sufficiently underrepresented to support upward variance | Government: District court permissibly found serious underrepresentation (state marijuana trafficking conviction and probationary outcomes) | Court: No abuse — underrepresentation was a proper §3553(a) consideration and variance permissible |
| Whether district court gave improper weight to post-plea, pre-sentencing arrest | Calderon: Court placed too much weight on the arrest in imposing upward variance | Government: Arrest was one of several permissible factors; weight is within district court's discretion | Court: No abuse — district court may weigh that arrest and did not rely on it exclusively |
Key Cases Cited
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (standard for reviewing substantive reasonableness of sentences)
- United States v. McKinley, 732 F.3d 1291 (11th Cir. 2013) (sentence below statutory maximum can indicate reasonableness)
- United States v. Clay, 483 F.3d 739 (11th Cir. 2007) (weight accorded §3553(a) factors committed to district court discretion)
- United States v. Moran, 778 F.3d 942 (11th Cir. 2015) (district court may impose upward variance when CHC understates seriousness of criminal history)