We review a sentence for reasonableness, applying an abuse-of-discretion standard. We first examine the sentence for "significant procedural error." Id. We then consider the substantive reasonableness of the sentence, taking into account the totality of the circumstances. If the sentence is within the properly calculated Guidelines range, we may presume that the sentence is reasonable. 2008).Īmaya claims that his sentence exceeded the purposes of sentencing and was greater than necessary under 18 U.S.C. Specifically, he contends that the district court failed to consider what he maintains was his minimal role in the conspiracy and the fact that other members of the organization received significantly lower sentences. We find Amaya's claims to be without merit. The district court provided a lengthy, comprehensive explanation of the chosen sentence. The court found that Amaya's role in the offense was "essential if not dominating." Among other things, Amaya helped to recruit under-age girls for prostitution, had sex with the girls "to test them out," assisted in recruiting their clients, supplied drugs, alcohol, and condoms to the girls, and shared in the proceeds of the operation. Additionally, Amaya served as the "muscle" in the conspiracy, using force and intimidation to ensure that the victims complied with the rules of the organization and carrying weapons in order to ensure that clients behaved appropriately.Īmong the factors to be considered when imposing sentence is "the need to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct." 18 U.S.C. We reject Amaya's contention that his sentence is unreasonable because it is disproportionate to the sentences of others in the prostitution ring. At sentencing, the court observed that Amaya was not comparable to Alonso Bruno Cornejo and Alexander Rivas. First, Amaya's criminal history score (category VI) was higher than that of both Cornejo (category I) and Rivas (category V).
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