U.S. v. Barrera

Dist. Ct. did not err in sentencing defendant to 110-month term of incarceration on unlawful possession of firearm charge, even though defendant, who has cancer, argued that said sentence was substantively unreasonable in view of his medical issues. Sentence fell within applicable 110 to 120-month guideline range, and record showed that defendant had violated post-arrest protective order that precluded him from publicizing and identifying police informant on videotape of proposed sale of handgun that was at issue in charged offense. Dist. Ct. adequately explained section 3553(a) factors it used to calculate sentence, including nature of offense, seriousness of defendant selling handgun to gang-member and violation of protective order. Moreover, Dist. Ct. considered defendant’s medical needs and need to protect public from gun-trafficking crimes. Fact that Dist. Ct. did not address defendant’s illness in light of need for deterrence or protecting public was irrelevant, where defendant had failed to raise issue in Dist. Ct.