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United States v. Bello-Gobea

United States District Court, Second Circuit

September 4, 2013

UNITED STATES OF AMERICA,
v.
COSME BELLO-GOBEA, Defendant.

AMENDED SENTENCING OPINION

ROBERT W. SWEET, Sr., District Judge.

On June 24, 2013, Cosme Bello-Gobea ("Bello-Gobea" or "Defendant") pled guilty to one count of unlawfully entering the United States after having been deported subsequent to an aggravated felony conviction, without having obtained the express consent of the Attorney General of the United States or the Secretary for the Department of Homeland Security, to reapply for admission, pursuant to 8 U.S.C. § 1326(a) & (b)(2). Bello-Gobea, in pleading guilty to this offense, also violated the conditions of his supervised release, constituting a Grade B violation.

For the reasons set forth below, Bello-Gobea will be months' imprisonment for violating his supervised release, to run concurrently. Bello-Gobea will also be required to pay a special assessment of $100.

Prior Proceedings

On January 24, 2013, Indictment 12 CR 114 (RWS) was filed in the Southern District of New York.

Count One charges that from at least November 26, 2011, in the Southern District of New York and elsewhere, Bello-Gobea, being an alien, unlawfully entered and was found in the United States after having been deported from the United States subsequent to an aggravated felony conviction, without having obtained the express consent of the Attorney General of the United States or the Secretary for the Department of Homeland Security, to reapply for admission, pursuant to 8 U.S.C. §§ 1326(a) & (b)(2). Bello-Gobea pled guilty to this Count on June 24, 2013. In so doing, Bello-Gobea committed a Grade B violation of his supervised release, which became applicable when he reentered the United States illegally in November 2011.

Bello-Gobea's sentencing is currently scheduled for October 1, 2013.

The Sentencing Framework

In accordance with the Supreme Court's decision in United States v. Booker , 543 U.S. 220 (2005), and the Second Circuit's decision in United States v. Crosby , 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the advisory Guidelines. Thus, the sentence to be imposed here is the result of a consideration of:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed -
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional ...

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