16-176 

United States v. Areizaga-Rosa 

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT 

SUMMARY ORDER 

 1 RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A 

2 SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY 

3 FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. 

4 WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY 

5 MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE 

6 NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A 

7 COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

8 At a stated term of the United States Court of Appeals for the Second Circuit, held at 

9 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, 

on the 15th 10 day of February, two thousand seventeen. 

11 

12 PRESENT: 

13 GUIDO CALABRESI, 

14 SUSAN L. CARNEY, 

15 Circuit Judges, 

16 JOHN G. KOELTL, 

District Judge.

 17 

18 _________________________________________ 

19 

20 UNITED STATES OF AMERICA, 21 

22 Appellee, 

23 

24 v. No. 16-176 

25 

26 VICTOR ANGUIERA, AKA PITO, VICTOR MONGE, AKA

27 PEE WEE, BORIS AGUAYO-MATOS, AKA BORI, AKA

28 MIKEY, AKA BORIS, JOSE ALTRECHE, JESUS TRINIDAD29 RIVERA, JONATHAN CRUZ-HERNANDEZ, AKA JAYSON 

30 RODRIGUEZ-IRIZARRY, RICARDO ORTIZ-ROSA, 

31 

32 Defendants, 

33 

 



 Judge John G. Koeltl, of the United States District Court for the Southern District of New 

York, sitting by designation. 
 

2 

1 NELSON AREIZAGA-ROSA, 

2 

3 Defendant-Appellant. 

4 

5 _________________________________________

6 

7 FOR APPELLANT: MARIANNE MARIANO, Federal Public 

8 Defender’s Office for the Western District 

9 of New York, Buffalo, NY. 

10 

11 FOR APPELLEE: JOSEPH J. KARASZEWSKI, Assistant United 

12 States Attorney, for William J. Hochul, Jr., 

13 United States Attorney for the Western 

14 District of New York, Buffalo NY. 

15 

16 Appeal from an order of the United States District Court for the Western District of 

17 New York (Skretny, J.). 

18 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, 

19 ADJUDGED, AND DECREED that the District Court’s orders of October 28, 2015, and 

20 January 12, 2016, are VACATED and the case is REMANDED for reconsideration. 

21 In 2013, Defendant-Appellant Nelson Areizaga-Rosa pleaded guilty pursuant to 

22 Federal Rule of Criminal Procedure 11(c)(1)(C) to conspiring to possess with intent to 

23 distribute 500 grams or more of cocaine. He was sentenced to 180 months’ imprisonment. 

24 Rule 11(c)(1)(C) permits the government and a defendant to “agree that a specific sentence 

25 or sentencing range is the appropriate disposition of the case.” Fed. R. Crim. P. 11(c)(1)(C). 

26 The rule “binds the court [to the agreed-upon sentence] once [it] accepts the plea 

27 agreement.” Id. 

28 In 2014, Areizaga-Rosa moved pursuant to 18 U.S.C. § 3582(c)(2) for a sentence 

29 reduction with respect to his 2013 sentence in light of Amendment 782 to the United States 

30 Sentencing Guidelines (the “Guidelines”), which lowered the Guidelines range applicable to 

31 his offense. In October 2015, the District Court denied his motion, and in January 2016, the 

32 court denied his further motion for reconsideration. The court found that Areizaga-Rosa 

33 was ineligible for a sentence reduction, reasoning that his Rule 11(c)(1)(C) sentence did not 

34 satisfy the requirement of § 3582(c)(2) that his sentence have been “based on” the 
 

3 

1 Guidelines. App. 239 (citing 18 U.S.C. § 3582(c)(2)). Areizaga-Rosa now appeals these 

2 rulings. We assume the parties’ familiarity with the underlying facts and the procedural 

3 history of this case, to which we refer only as necessary to explain our decision. 

4 Section 3582(c)(2) of title 18 allows a district court to reduce the sentence “of a 

5 defendant who has been sentenced to a term of imprisonment based on a sentencing range 

6 that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). 

7 In Freeman v. United States, 564 U.S. 522 (2011), the Supreme Court, determined in a split 

8 decision, that at least some sentences imposed under Rule 11(c)(1)(C) agreements are 

9 properly viewed as “based on” the Guidelines and thus are eligible for § 3582(c)(2) sentence 

10 reductions. As we recently discussed in United States v. Leonard, 844 F.3d 102 (2d Cir. 2016), 

11 however, no single rationale for the holding was adopted by a majority of the Justices. Id. at 

12 107–09. In Leonard, we found no need to decide whether the reasoning of either the plurality 

13 opinion (written by Justice Kennedy) or concurrence (by Justice Sotomayor) dictated the 

14 proper analysis: because the defendant’s sentence in Leonard could be viewed as “‘based on’ 

15 the Sentencing Guidelines under the reasoning of either the plurality or the concurrence,” 

16 his sentence was eligible for a reduction. Id. at 109 (quoting 18 U.S.C. § 3582(c)(2)). 

17 We think Areizaga-Rosa’s sentence similarly satisfies the standards set out in both the 

18 plurality and concurrence. The Freeman plurality concluded that sentences imposed pursuant 

19 to Rule 11(c)(1)(C) are “based on” the Guidelines whenever “the judge uses the sentencing 

20 range as the beginning point to explain the [sentence].” 564 U.S. at 529 (plurality opinion). 

21 This is surely true here, where the sentencing colloquy reflected that the District Court 

22 calculated the Guidelines range and then sentenced Areizaga-Rosa to a term of 

23 imprisonment within that range—a term that coincided with the sentence proposed in the 

24 plea agreement. The concurrence, in contrast, reasoned that a sentence imposed under Rule 

25 11(c)(1)(C) is “based on” the Guidelines so long as the parties’ plea agreement “make[s] clear 

26 that the basis for [its] specified term [of imprisonment] is a Guidelines sentencing range 

27 applicable to the offense to which the defendant pleaded guilty.” Id. at 539 (Sotomayor, J., 

28 concurring). The District Court here, looking to the concurrence as the controlling, narrower 

29 approach, held that Areizaga-Rosa’s plea agreement was insufficiently clear in this regard. 
 

4 

1 We disagree. Areizaga-Rosa’s plea agreement contained a detailed Guidelines calculation and 

2 proposed a sentence within one of the Guidelines ranges set out in the agreement. The 

3 District Court imposed a sentence within one of those ranges and at the level proposed by 

4 the parties. We think this sentence is also sufficiently “based on” the Guidelines to satisfy 

5 the concurrence’s standard. 

6 The government argues primarily that the plea agreement’s identification of two 

7 different sentencing ranges and its use of the phrase “notwithstanding the above 

8 calculations” before reciting the parties’ agreed upon sentence establishes that the basis for 

9 the agreement’s proposed sentence was not the Guidelines. App. 75–76. We are not 

10 persuaded, however, that these features of the agreement are dispositive when weighed 

11 against the agreement’s extensive attention to the potentially applicable Guidelines ranges, its 

12 careful calculation of those ranges, and its selection of a term of imprisonment within one 

13 such range—elements that we find more compelling. In our view, therefore, the sentence is 

14 fairly read as “based on” the Guidelines under the concurrence’s analysis as well as the 

15 plurality’s. See Freeman, 564 U.S. at 529 (plurality opinion); id. at 539 (Sotomayor, J., 

16 concurring). 

17 Because the District Court erred in concluding that Areizaga-Rosa’s Rule 11(c)(1)(C) 

18 sentence was ineligible for a reduction under § 3582(c)(2), we vacate the District Court’s 

19 orders and remand for reconsideration of Areizaga-Rosa’s motion for such a reduction. 

20 * * * 

21 For these reasons, the orders of the District Court are VACATED and the case is 

22 REMANDED for further proceedings consistent with this order. 

23 FOR THE COURT: 

24 Catherine O’Hagan Wolfe, Clerk of Court