FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. José Antonio Fusté, U.S.
M. Sánchez La Costa for appellant.
Francisco A. Besosa-Martínez, Assistant United States
Attorney, Rosa Emilia Rodríguez-Vélez, United
States Attorney, and Mariana E. Bauzá-Almonte,
Assistant United States Attorney, Chief, Appellate Division,
on brief, for appellee.
Torruella, Thompson, and Barron, Circuit Judges.
BARRON, Circuit Judge.
appeal requires us to review José
Millán-Román's challenge to the 120-month
prison sentence that he received after he pled guilty,
pursuant to a plea agreement, to two offenses: possession of
a firearm in furtherance of a drug trafficking crime, in
violation of 18 U.S.C. § 924(c), and possession of
controlled substances with intent to distribute, in violation
of 18 U.S.C. § 841(b)(1)(C). We affirm.
entered his plea in June 2015. The plea agreement set forth
detailed recommendations regarding the sentence.
the firearms count, the plea agreement stated that the
applicable sentence under the United States Sentencing
Commission Guidelines was 60 months of imprisonment -- the
statutory minimum sentence for that offense. See
U.S.S.G. §2K2.4(b) (noting that the guideline sentence
for a conviction under 18 U.S.C. § 924(c) is the minimum
term of imprisonment required by statute). Nonetheless, the
plea agreement recommended an upward-variant sentence of 84
months of imprisonment. The plea agreement did not give a
reason for this upward-variant sentence, but
Millán's defense counsel acknowledged at
sentencing that the parties had stipulated to a sentence
higher than the statutory minimum "knowing that [the
sentencing judge] was not going to give him [the statutory
the controlled-substances count, the plea agreement stated
that, under the Guidelines, Millán had a base offense
level of twelve, but that he was entitled to a two-level
reduction for acceptance of responsibility under U.S.S.G.
§3E1.1. The plea agreement thus calculated
Millán's total offense level to be ten.
plea agreement did not set forth a criminal history category
("CHC") for Millán. But the plea agreement
stated that the recommended sentencing range under the
Guidelines would be 6-12 months of imprisonment if
Millán had a CHC of I and 8-14 months of imprisonment
if Millán had a CHC of II.
plea agreement then recommended a sentence of six months of
imprisonment for the controlled-substance offense. The plea
agreement also recommended that this sentence be served
consecutively to the 84-month prison sentence for the
firearms offense. Thus, the plea agreement recommended a
total sentence of 90 months' imprisonment.
September 22, 2015, the District Court imposed a sentence of
114 months' imprisonment for the firearm offense, and six
months' imprisonment for the controlled-substance
offense, to be served consecutively, for a total prison
sentence of 120 months. The District Court also imposed five
years' supervised release.
appeal, Millán contends that the District Court
committed a number of errors -- some of which he
characterizes as procedural and others as substantive -- ...