First, Amaya's criminal history score (category VI) was higher than that of both Cornejo (category I) and Rivas (category V). At sentencing, the court observed that Amaya was not comparable to Alonso Bruno Cornejo and Alexander Rivas. We reject Amaya's contention that his sentence is unreasonable because it is disproportionate to the sentences of others in the prostitution ring. 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. 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. The district court provided a lengthy, comprehensive explanation of the chosen sentence. We find Amaya's claims to be without merit. 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. 2008).Īmaya claims that his sentence exceeded the purposes of sentencing and was greater than necessary under 18 U.S.C. If the sentence is within the properly calculated Guidelines range, we may presume that the sentence is reasonable. We then consider the substantive reasonableness of the sentence, taking into account the totality of the circumstances.
We first examine the sentence for "significant procedural error." Id. We review a sentence for reasonableness, applying an abuse-of-discretion standard. Amaya now appeals, claiming that his sentence is unreasonable. He received a within-Guidelines sentence of sixty months for conspiracy and 600 months on each of the three § 1591 violations. The charges related to Amaya's participation in an organization that recruited and prostituted underage girls for profit. § 371 (2006), and three counts of sex trafficking of a child, 18 U.S.C. Rances Ulices Amaya was convicted of conspiracy to commit sex trafficking of a child, 18 U.S.C. Unpublished opinions are not binding precedent in this circuit. Frank, Assistant United States Attorneys, Alexandria, Virginia, for Appellee. Sanchez, ARIF & ASSOCIATES, PC, Springfield, Virginia, for Appellant.
Affirmed by unpublished per curiam opinion. (1:11-cr-00556-AJT-1) Before MOTZ, KING, and DIAZ, Circuit Judges. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria.