In this аppeal, defendant-appellant To-más Sepúlveda-Hernández attempts to raise multiple claims of sentencing error. Concluding, as we do, that his claims are both unpreserved and unpersuasive, we affirm.
I. BACKGROUND
The facts and proceedings that culminated in the challenged'sentence are chroni
A jury convicted the appellant оf a medley of crimes stemming from his serial roles as the supplier to, part-owner of, and eventual lessor of a drug-distribution network based in La Trocha Ward, Vega Baja, Puerto Rico. See id. at 25-26. On appeal, we trimmed the аppellant’s convictions (reducing them to convictions for conspiracy and aiding and abetting the distribution of drugs, simpliciter), vacated his sentence, and remanded for resentenc-ing. See id. at 31, 38. In the process, we upheld the district court’s drug-quantity determination, holding the appellant accountable for 977 kilograms of marijuana. See id. at 35-36.
At resentencing, the district court, without objection, recalibrated the guideline sentencing range (GSR)
II. ANALYSIS
In this venue, the appellant first asseverates that the court below failed adequately tо explain its reasons for the sentence. Normally, claims of sentencing error are reviewed for abuse of discretion. See Gall v. United States,
The claim of error sub judice boils down to an assertion that the district court did not adequatеly state its reasons for imposing a sentence at the peak of the applicable GSR. Because the appellant did not raise this claim below, our review is for plain error.
When a sentence is impоsed within the GSR, the “adequate explanation” requirement is less stringent than if the sentencing court had imposed a variant sentence. See United States v. Ruiz-Huertas,
Here (as noted above), the district court succinctly summarized its reasons for imposing a 151-month sentence. The court relied principally on the sеriousness of the offense. See 18 U.S.C. § 3553(a)(2)(A). Though the court made a conservative drug-quantity estimate, see Sepúlveda-Hernández,
What is more, the court acknowledged the presеnce of some mitigating factors. It counterbalanced those factors, however, by acknowledging—at various points during the disposition hearing—the deleterious impact of the appellant’s criminal conduсt on the community, the appellant’s victimization of others, and the protracted duration (from at least 2002 to 2008) of the illicit activities.
We have said before—and today reaffirm—that “[w]here the record permits a rеviewing court to identify both a discrete aspect of an offender’s conduct and a connection between that behavior and the aims of sentencing, the sentence is sufficiently explained to pass muster under section 3553(c).” United States v. Fernández-Cabrera,
To be sure, Congress also has ordained that if the spread in a particular guideline range exceeds 24 mоnths, the sentencing court must state “the reason for imposing a sentence at a particular point within the range.” 18 U.S.C. § 3553(c)(1). The
The appellant’s next plaint is that the district court ignored the parsimony principle. This plaint generally calls into question the substаntive reasonableness of the sentence, which “depends largely on whether the sentence imposed represents a defensible, result supported by a plausible rationale.” United States v. Denson, 689 F.3d 21, 27 (1st Cir.2012). Whatever the standard of review,
The parsimony principlе requires a sentencing court to ‘^impose a sentence sufficient, but not greater than necessary to comply with” ■ various enumerated purposes, see 18 U.S.C. § 3653(a), including recognition of the seriousness of the offense, respect for the law, just punishment, deterrence, protection of the public, and rehabilitation, see id, § 3563(a)(2). That principle, however, recognizes that" sentencing is more an art than a science: there is not a singlе reasonable sentence for a particular defendant’s commission of a particular crime but, rather, a universe of reasonable sentences. See United States v. Clogston,
Finally, the appellant suggests that his sentence is infirm because the district court engaged in double counting. This suggestion prescinds from the notion that the district court erroneously relied on the appellant’s role as a leader of the criminal enterрrise to justify the sentence — even though the court already had factored the appellant’s leadership role into the sentencing calculus by imposing a four-level enhancement. See USSG § 3B1.1.
We need not linger .long over this offhanded suggestion.- Although, double counting may in some iterations raise fairness concerns, see, e.g., United States v. Maisonet-González,
We hasten to add that even if this argument was not waived, it would fail. In the criminal sentencing context, “double
So it is here. Though the sentencing court mentioned the appellant’s leadership role at the disposition hearing, it is reasonably clear from the record that, in so doing, the court was considering the facts underlying the appellant’s leadership role as those facts shed light upon sentéñ’cing factors made relevаnt by 18 U.S.C. § 3553(a). The- overlap between the 'sentencing enhancement under USSG § 3B1.1 and the sentencing factors made relevant by 18 U.S.C.' § 3553(a) does not furnish a basis for a claim of impermissible' double counting. See Maisonet-Gonzalez,
III. CONCLUSION
We need go no further. For the reasons elucidated above, the appellant’s sentence is .
Affirmed.
Notes
, In the interim between remand and resen-tencing, the United States Sentencing Commission amended the sentencing guidelines in a way that benefited the appellant. See USSG § 2D1.1 (Nov. 2014); USSG Supp.App. C„ amend. 782 (effective Nov. 1, 2014). The district court properly applied the revised guidelines at resentencing (which took place on February 5, 2015). See United States v. Harotunian,
. The government contends that the appellant has waived the “failure to explain” issue by not raising it below. In support, the govern
. If this claim of error is viewed as a specie of a claim of substаntive unreasonableness, the standard of review is uncertain. See Ruiz-Huertas,
