Background
The defendant pleaded guilty to possession of a machinegun in violation of federal law. The government recommended a twenty-four-month sentence, and the defendant requested eighteen months. The district court calculated a Sentencing Guidelines range of thirty to thirty-seven months but imposed a forty-eight-month sentence, citing the dangerous nature of the weapons, the presence of tactical gear, and the high crime rate in Puerto Rico.
The court’s reasoning
The appellate court found that the district court provided a thorough explanation of the factors considered, including the combination of modified firearms, ammunition, and tactical gear which suggested involvement in drug trafficking or violent crime. The court also noted that the Guidelines did not fully account for the seriousness of possessing an assault rifle and that the high homicide rate in Puerto Rico justified an upward variance for deterrence.
Given the district court’s thorough explanation of the several permissible factors it considered in determining Colón’s sentence, we affirm.
What it means going forward
Sentencing courts may consider local crime rates and the specific nature of weapons, including assault rifles and tactical gear, as valid grounds for imposing sentences above the Sentencing Guidelines range when adequately explained.