The Case of Victor J. Calderon-Zayas: Appeals and Sentencing Review

Victor J. Calderon-Zayas is challenging a verdict that surpasses the recommended range for aiding and abetting illegal possession of a weapon against 18 U.S.C. §§ 2 and 922(o). Furthermore, he is contesting a verdict lasting for eighteen consecutive months for violating the conditions of supervised release.

Calderon-Zayas contends that the court that delivered the sentence emphasized too greatly on aggravating aspects and neglected to give adequate attention to mitigating facets, stressing instead the danger posed by the machine gun to rationalize the escalation in penalty. He also asserts that the court did not consider the sentence under § 922(o) when voiding supervised release. However, the appeals court discovered no errors and maintained both verdicts.

Background

Calderon-Zayas admitted to assisting and supporting the unlawful possession of a machine gun. This admission came after a previous guilty verdict in 2013 for collaboration in the distribution of illegal drugs close to a protected area, resulting in a 5-year prison sentence and eight years of monitored freedom. After being released in 2017, Calderon-Zayas was not allowed to have any guns.

On the 14th of June, 2021, officers from the Puerto Rico Police saw Calderon-Zayas and Yadiel Manuel Ramos-Santiago inside a stationary vehicle. Ramos-Santiago brandished a handgun, and when they tried to escape, both individuals were apprehended. The authorities confiscated a Glock handgun that had been altered to shoot automatically, another unaltered Glock, bullets, and magazines with high capacities.

Subsequently, a grand jury at the federal level charged Calderon-Zayas with two offenses, and he confessed to aiding and supporting the possession of the altered handgun, resulting in the dropping of the second charge.

Sentencing and Challenges

The Pre-sentence Report (P.S.R.) calculated a crime level of nineteen and a criminal past group of III, resulting in a recommendation range of 37-46 months. Calderon-Zayas brought up factors that lessen the severity, such as his mental wellness challenges, consistent job past, non-aggressive crime, and assistance from family, supporting a shorter sentence. The authorities asked for a maximum of 46 months.

While handing down the sentence, the court stressed the risks associated with the altered machine gun, highlighting its increased danger in comparison to regular machine guns. Furthermore, the court mentioned the significant issue of gun violence in Puerto Rico and the importance of safeguarding the public. As a result, an increase of 60 months was ordered.

Revocation Sentence

During the cancellation hearing, Calderon-Zayas asked for the cancellation term to be served simultaneously or restricted to half a year if done one after another. The authorities aimed for the rulebook's highest of 18 months. The judge observed Calderon-Zayas's past infractions, the brief time between them, and his lack of progress from probation attempts. It enforced an 18-month term sequentially with the § 922(o) ruling.

Appeals Court Decision

Procedural and Substantive Reasonableness

The appeals court reviewed Calderon-Zayas's challenges for procedural and substantive reasonableness. For procedural reasonableness, Calderon-Zayas argued that the court failed to consider mitigating factors adequately and relied too heavily on the gun's dangerousness. The court found that the district court had appropriately balanced the § 3553(a) factors and that the aggravating factors, including the modified gun's risk and local gun violence issues, justified the upward variance.

For substantive reasonableness, the court emphasized the district court's broad discretion in sentencing within the permissible range. Given the aggravating factors presented, the court affirmed that the district court's rationale and imposed sentence were reasonable.

Revocation Sentence

Calderon-Zayas argued that the court did not consider the § 922(o) sentence when imposing the revocation sentence. However, the appeals court highlighted that guidelines recommend consecutive sentences for revocation and the original crime, especially when significant violations are involved. The court found the 18-month sentence reasonable and aligned with guideline recommendations.

Conclusion

The appeals court affirmed the § 922(o) and revocation sentences, finding no procedural or substantive errors. Calderon-Zayas's arguments did not outweigh the district court's considerations, which correctly evaluated the seriousness of his offenses and the need for deterrence and community protection.

The Allied Outsourcing, a reputable company specializing in law-related services, offers various options customized to meet its customers' requirements. With highly proficient lawyers and legal experts, The Allied Outsourcing takes pride in providing excellent legal help across different areas, such as contract law, intangible property privileges, business management, and regulatory conformity.

The company's dedication to superiority and customer contentment is apparent in its thorough method for each situation, guaranteeing careful research, strategic assessment, and productive representation. Utilizing state-of-the-art technology and industry knowledge, The Allied Outsourcing consistently provides timely and cost-efficient options, empowering customers to manage challenging legal problems confidently and triumphantly.

Whether drafting contracts, supporting lawsuits, or offering regulatory advice, The Allied Outsourcing is a dependable partner, delivering reliable legal guidance and assistance to companies and organizations worldwide.