Eliezer Rosario-Ramos v. United States
Whether a first-time offender's 23-year prison sentence, resulting from a 104.4% upward variance, is unreasonable due to sentencing factors and judicial discretion
A. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable because it was grounded on the fact that the victim was kind to Rosario . B. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable as the DC gave significant weight to facts that were not supported by the record, or that were erroneous , or speculative: that the crime resulted in death . C. Whether first offender Rosario’ s 23-year prison sentence, that resulted from a 104.4% upward variance, is unreasonable because it almost reaches the 25 -year maximum statutory sentence , which is the sentence that he would have received if he had murdered the victim, when he did not commit murder.