FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S.
Mariángela Tirado-Vales on brief for appellant.
Emilia Rodríguez-Vélez, United States Attorney,
Mariana E. Bauzá-Almonte, Assistant United States
Attorney, Chief, Appellate Division, and B. Kathryn Debrason,
Assistant United States Attorney, on brief for appellee.
Lynch, Stahl, and Lipez, Circuit Judges.
Francisco Reyes-Gomez claims on appeal that the sentence
imposed by the district court was substantively unreasonable.
Although the sentencing judge found that Reyes-Gomez
qualified for the safety valve exception to the 120-month
mandatory minimum sentence, he nonetheless imposed a
135-month term of imprisonment. We affirm.
pled guilty to conspiracy to import a controlled substance
(Count One), 21 U.S.C. §§ 952(a), 960(a)(1) &
(b)(1)(B), 963, and unlawful entry into the United States
(Count Five), 8 U.S.C. § 1325(a)(1). He faced a
120-month mandatory minimum term of imprisonment for Count
and the government entered into a plea agreement, which
included the following "Sentence Recommendation"
After due consideration of the relevant factors enumerated in
Title 18, United States Code, Section 3553(a), the parties
reserve the right to recommend a sentence [of] 120 months for
COUNT ONE. For COUNT FIVE, the parties will recommend a
sentence of six months to run concurrent with the sentence
imposed in COUNT ONE.
NOTE: The defendant recognizes that COUNT
ONE carries a statutory minimum sentence of one hundred
twenty (120) months.
plea agreement also contained a waiver-of-appeal provision:
The defendant knowingly and voluntarily waives the right to
appeal the judgment and sentence in this case, provided that
the defendant is sentenced in accordance with the terms and
conditions set forth in the Sentence ...