USA v. Valdes-Cartagena et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff,
v.
[6] JESUS ROJAS-TAPIA,
Defendant.
CRIMINAL NO. 03-00019 (JAG)
MEMORANDUM AND ORDER
Defendant's 28 U.S.C. § 2255 proceeding was remanded by the First Circuit Court of
Appeals to this Court to reconsider the validity of Defendant [6] Jesus Rojas-Tapia's
conviction under 28 U.S.C. § 924(c). Civ. 16-2213, Docket No. 70. It was also remanded
for resentencing on the other remaining Counts One and Two.
After consideration of the parties' memoranda, this Court vacated Defendant's
§ 924(c) conviction. Civ. 16-2213, Docket No. 79.
Thereafter, the parties were ordered to file sentencing memoranda which the Court
carefully reviewed. 	The Court also carefully reviewed the Amended Presentence
Investigation Report filed by Probation as well as the Sentencing recommendations
contained therein. 	It also considered several character reference letters submitted by
Defendant.
Having vacated Defendant's § 924(c) conviction and Mr. Rojas-Tapia having
signed waiver of appearance and allocution for resentencing on remaining Counts One
and Two (Docket No. 329-3), the Court will resentence Defendant in absentia.
The Court has reviewed the advisory guideline calculations and adopts the
guideline calculations contained in the PSR as to Counts One and Two, making a finding
that they have been correctly applied.
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Based on a total offense level of thirty-eight (38) and a Criminal History Category of
III, the Guideline Imprisonment Range for this offense is from 292 to 365 months, with a
fine range of $50,000-$250,000, plus a supervised release term of not more than 5 years.
Furthermore, the Court has considered the other sentencing factors set forth in
Title 18, U.S.C. § 3553(a).
Mr. Rojas-Tapia is a 55-year-old, U.S. Citizen, who has no children, and his support
system is in Florida, USA. The Defendant completed a GED. The Defendant is physically
and mentally healthy. Further, Mr. Rojas-Tapia has a reported history of substance abuse;
nevertheless, he has been drug-free since 2002. This is Mr. Rojas-Tapia’s third-known
conviction. Moreover, the Court has taken into consideration the elements of the offense
and Mr. Rojas-Tapia’s participation in the same.
Lastly, the Court has considered all other Title 18, U.S.C. § 3553 factors, the need to
promote respect for the law, protect the public from further crimes by the Defendant, as
well as address the issues of deterrence and punishment.
Pursuant to Pepper v. United States, 562 U.S. 476, 131 S. Ct. 1229, 179 L. Ed. 2d 196
(2011), when a defendant's sentence has been set aside on appeal, a district court at
resentencing may consider evidence of the defendant's post-sentencing rehabilitation,
and such evidence may, in appropriate cases, support a lesser sentence. In this case, the
Court takes into consideration that Mr. Rojas has been incarcerated for over 23 years.
During this lengthy period, he has worked for 18 years, completed about 27 educational
courses and his last disciplinary sanction was 21 years ago, which mitigates any potential
to recidivate.
The Court deems that a sentence at the low end of the guideline range is a sentence
that is just and not greater than necessary to serve the parsimony principles of federal
sentencing.
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Therefore, 	Defendant 	[6] 	Jesus 	Rojas-Tapia 	is 	hereby 	resentenced 	to 	an
imprisonment term of TWO HUNDRED AND NINETY-TWO (292) MONTHS as to
each Counts One and Two, to be followed by THREE (3) YEARS of supervised release as
to each count of conviction. All those terms are to be served concurrently with each other.
The Judgment entered on May 21, 2004, stands as to all other matters, including a special
monetary assessment in the amount of $100.00 for each count of conviction and the
special conditions of supervision imposed therein.
The Court finds that the conditions originally imposed are reasonably related to the
offense of conviction, individualized to address Defendant’s specific risks and needs, and
consistent with the sentencing factors in 18 U.S.C. § 3553 and Sentencing Commission
policy statements under 28 U.S.C. § 994(a). The conditions impose no greater deprivation
of liberty than necessary to achieve rehabilitation and positive reintegration into the
community. Pursuant to Guideline § 5D1.4 and 18 U.S.C. § 3583(e)(2), upon release from
confinement, the Court may assess the need to modify the conditions of supervision
hereby imposed based on Defendant’s actual risk and needs at the time of release.
Notice is to be given that the Defendant has a right to appeal from the Judgment
and sentence imposed within fourteen (14) days of entry of Amended Judgment.
Copies of this Memorandum and Order and the Amended Judgment shall be
forwarded to the Sentencing Commission, U.S. Bureau of Prisons, as well as the
U.S. Probation Office within the next thirty (30) days.
IT IS SO ORDERED.
In San Juan, Puerto Rico, this 13 th day of February, 2026.
______________________________
JAY A. GARCIA-GREGORY
SENIOR U.S. DISTRICT JUDGE
s/Jay A. García-Gregory
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