COURT OF APPEALS FOR THE FIRST CIRCUIT
United States v. Caballero-Vazquez
United States Court of Appeals
For the First Circuit
Nos. 17-1144, 17-1247
UNITED STATES OF AMERICA,
Appellee,
v.
JOSHUAN DAVID CABALLERO-VÁZQUEZ,
Defendant, Appellant.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Francisco A. Besosa, U.S. District Judge]
[Hon. Carmen Consuelo Cerezo, U.S. District Judge]
Before
Torruella, Thompson, and Kayatta,
Circuit Judges.
Johnny Rivera-González and Johnny Rivera's Law Office, on
brief for appellant.
Mainon A. Schwartz, 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.
July 18, 2018
TORRUELLA, Circuit Judge. After pleading guilty in two
separate cases, Joshuan David Caballero-Vázquez was sentenced
first for possessing ammunition as a convicted felon (the "Felon
in Possession Case") and then for possessing a machine gun (the
"Machine Gun Case"). In this consolidated appeal, he now
challenges both of those sentences on procedural and substantive
grounds. We affirm both sentences.
I. Background
We begin with an overview of the intertwined factual and
procedural events leading up to this appeal. Because this appeal
follows two different guilty pleas, we draw the facts from the
plea agreements, change-of-plea colloquies, presentence
investigation reports (PSRs), and sentencing hearings in both
cases. See United States v. Reyes-Rivera, 812 F.3d 79, 82 (1st
Cir. 2016).
A.
We start with the facts giving rise to the Machine Gun
Case. On March 7, 2015, an officer from the Manatí, Puerto Rico
Municipal Police stopped Caballero-Vázquez after observing him
drive a Ford Edge against traffic, and then up onto the sidewalk.
After asking Caballero-Vázquez for his license and registration,
the officer noticed that the registration information Caballero-
Vázquez provided did not match the number on the vehicle's
-2-
registration sticker. Suspecting a false registration sticker,
the officer seized both Caballero-Vázquez and the Ford Edge and
brought them to the Manatí Municipal Police Station. There, an
inventory search of the vehicle yielded a loaded Glock .40 caliber
pistol that had been modified to function as a machine gun.
Moreover, a database search using the Glock's serial number would
later reveal that it had been reported as stolen from the residence
of its legal owner.
A grand jury returned a one-count indictment against
Caballero-Vázquez for possessing a machine gun. See 18 U.S.C.
§§ 922(o), 924(a)(2). On September 2, 2015, Caballero-Vázquez, after entering into a type-B plea agreement with the government, pleaded guilty to that count. See Fed. R. Crim. P. 11(c)(1)(B). The parties jointly calculated a guidelines range to serve as the basis for the plea agreement's sentencing recommendation. They began with a base offense level of 18, see U.S.S.G. § 2K2.1(a)(5), but then subtracted three levels because Caballero-Vázquez had accepted responsibility, see id. § 3E1.1, thereby arriving at an adjusted offense level of fifteen. The parties did not stipulate to any particular Criminal History Category (CHC). The parties then agreed to recommend that the district court sentence Caballero-Vázquez to a term of imprisonment at the lower end of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.