U.S. v. Hernandez

Dist. Ct. did not err in sentencing defendant to 175-month term of incarceration on RICO conspiracy charge under circumstances where: (1) Dist. Ct. conducted sentencing hearing via video-conference under CARES Act without making finding that sentencing could not be further delayed without serious harm to interests of justice; and (2) Dist. Ct. made finding that defendant should be held accountable for conspiracy to commit murder. Instant RICO conspiracy charge arose out of defendant’s leadership role in violent gang. While CARES Act requires that Dist. Ct. make finding that sentencing could not be further delayed without serious harm to interests of justice, defendant failed, under instant plain error standard, to show that he was prejudiced because of Dist. Ct.’s failure to make instant required finding, where there was no evidence that Dist. Ct. viewed his sentencing arguments less favorably merely because he made them remotely. Also, record supported Dist. Ct.’s Guidelines calculation based, in part, on finding that he was responsible for conspiracy to commit murder, especially where defendant, in his gang leadership role, approved and ordered acts of violence that included shooting rival gang members.