United States v. Wilkin Diaz-Abreu
702 F. App'x 898
| 11th Cir. | 2017Background
- Diaz-Abreu, a Dominican national, was arrested on a boat intercepted off Florida on Aug. 21, 2016, and charged with illegal reentry after prior deportation in violation of 8 U.S.C. § 1326(a); he pleaded guilty.
- PSI: total offense level 10, criminal history category III, advisory Guidelines range 10–16 months; statutory maximum 2 years. PSI noted two prior immigration-related convictions and removals (2010 and 2012).
- At sentencing the district court adopted the PSI, considered the § 3553(a) factors, and imposed 16 months (top of the Guidelines range), citing Diaz-Abreu’s repeated immigration offenses for punishment and deterrence.
- Five codefendants charged from the same boat received shorter sentences (2–10 months); some were charged with different offenses (e.g., smuggling, forged passport), and most had lesser criminal histories.
- Diaz-Abreu appealed, arguing his 16‑month sentence was substantively unreasonable because of sentencing disparity with his codefendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Diaz‑Abreu’s 16‑month sentence was substantively unreasonable based on disparity with codefendants | Diaz‑Abreu: his sentence is excessive compared to five codefendants who received 2–10 months | Government/District Court: sentence within Guidelines; district court properly weighed § 3553(a) factors, emphasizing repeated immigration offenses | Affirmed — sentence not substantively unreasonable; Diaz‑Abreu not similarly situated to others, court did not abuse discretion |
| Whether the district court violated the parsimony principle (imposed greater than necessary sentence) | Diaz‑Abreu: sentence greater than necessary to satisfy § 3553(a) purposes (raised without authority) | Court: record shows court considered § 3553(a) and chose a reasonable sentence within Guidelines | Rejected — no procedural error; sentencing court complied with § 3553(a) and did not abuse discretion |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing reasonableness of sentences under an abuse-of-discretion framework)
- United States v. Pugh, 515 F.3d 1179 (11th Cir. 2008) (two-step review: procedural then substantive reasonableness)
- United States v. Talley, 431 F.3d 784 (11th Cir. 2005) (presumption that within-Guidelines sentences are reasonable)
- United States v. Amedeo, 487 F.3d 823 (11th Cir. 2007) (trial court has broad discretion in weighing § 3553(a) factors)
- United States v. Jayyousi, 657 F.3d 1085 (11th Cir. 2011) (comparing sentences requires defendants be similarly situated)