16

- 3058

- cr United States v. Nadeem Mehmood Quraishi

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER

R ULINGS BY SUMMARY OR DER DO NOT HAVE PREC EDENTIAL EFFECT

. C ITATION TO A SUMMARY ORDER FILED ON OR AF TER J ANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT ' S L OCAL R ULE 32.1.1. W HEN CITING A SUMMARY ORDER IN A D OCUMENT FILED WITH T HIS COURT , A PARTY MUST CITE E ITHER THE F EDERAL A PPENDIX OR AN ELECTR ONIC DATABASE ( WITH THE NOTATION " SUMMARY ORDER "). A
PARTY CITING A SUMMA RY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTE D BY COUNSEL

. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courtho use, 40 Foley Square, in the City of New York, on the 8 th day of January two thousand eighteen

.

PRESENT: BARRINGTON D. PARKER, RICHARD C. WESLEY , DENNY CHIN, Circuit Judge s

.

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UNITED STATES OF AMERICA, Appellee,

v. 16

- 3058

- cr

NADEEM MEHMOOD QURAISHI , Defendant

- Appellant

.

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FOR APPELLEE: Susan Corkery, Nomi D. Berenson, Assistant United States Attorney s , for Bridget M. Rohde , Acting United States Attorney for the Eastern District of New York, Brooklyn , New York

.2 FOR DEFENDANT

- APPELLANT: Daniel M. Perez, Law Offices of Daniel M. Perez, Newton, New Jersey.

Appeal from the United States District Court for the Eastern District of

New York ( Amon , J. ).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED

.

Defendant

- a ppellant Nadeem Mehmood Quraishi appeals a judgment of
conviction entered August 18, 2016, following a jury trial, convicting him of abusive
sexual contact in the special aircraft jurisdiction of the Un ited States, in violation of

49 U.S.C. § 46506(1) and 18 U.S.C. § 2244(b) , and assault in the special aircraft
jurisdiction of the United States, in vi olation of 49 U.S.C. § 46506(1) and 18 U.S.C.

§ 113(a)(5). On August 12, 2016, the district court sentenced Quraishi principally to 24
months' imprisonment. On appeal, Quraishi challenges the substantive reasonableness
of his sentence. We assume the parties' familiarity with the underlying facts,
procedural history, and issues on appeal.

The record establishes that Quraishi sexual ly abused a victim, Jane Doe ,

when they

-- as strangers who were not traveling together

-- were passengers seated

next to each other aboard a n international flight arriving at John F . Kennedy
International Airport , New York , on October 26, 2015

. Doe had ta ken medication and

fallen a sleep. A few hours later, when she woke up , she discovered that hand lotion3 had been spread on her arms, chest , and legs, including under her dress. The bottle of
hand lotion that she had placed in the seat pocket in front of her before she went to
sleep was missing. At that point, she went to the bathroom and noted that certain parts
of her body were sore, her underwear had been shifted, and there was lotion on her
body underneath her underwear.
Two flight attendants questioned Quraishi , who admitted to spreading the

lotion over Doe's body. He explained that he believed that Doe "needed it" and

" enjoyed it because she did not resist. " PSR ¶ 6. When the plane landed Quraishi was

arrested. D uring post

- arrest statements, he admitted to i nappropriately touching Doe
while she was asleep.
On August 12, 2016, the district court sentenced Quraishi

. As Quraishi

v iolated 18 U.S.C. § 2244(b) , the district court consulted the Sentencing Guidelines

("Guidelines") M anual § 2A3.4 to determine the base offense level

. The district court
concluded, pursuant to § 2A3.4(a)(2) , that the appropriate level was 16 as the offense
involved conduct described in 18 U.S.C. § 2242, which addresses engaging in a sexual
act with another per son who is "incapable of appraising the nature of the conduct " or
"physically incapable of declining participation." 18 U.S.C. § 2242(2). There were no
adjustments, and thus the total offense level was determined to be Level 16. 1 Level 16

1 Though Quraishi contest ed the district court's determination at sentencing, he now concedes that the distr ict court's calculation of a base offense l evel of 16 was without fault.4 carries 21 to 27 months' imprisonment , or as restricted by the statutory maximum in this

case , 21 to 24 months' imprisonment. 2 The district court heard from defense counsel,

Quraishi's friend, Quraishi 's wife, and read a written statement from the victim. The
district court then sentenced Quraishi to 24 months' imprisonment, the top of the
guidelines range , as capped by the statutory maximum. Quraishi timely appealed,
challenging the substantive reasonableness of his s entence.
A sentence imposed by the district court is substantively unreasonable
only if it "cannot be located within the range of permissible decisions." United States v.

Cavera , 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (quoting United States v. Rigas , 490 F.3d

208, 238 (2d Cir. 2007) ). Accordingly, we will set aside sentencing decisions for

substantive reasonableness only in "exceptional cases," i d. at 189 , that is when the

sentence is " so shockingly high, shockingly low, or otherwise unsupportable a s a matter
of law that allowing [it] to stand would damag e the administration of justice," United

S t ates v. Aldeen, 792 F.3d 247, 255 (2d Cir. 2015) ( quoting United States v. Broxmeyer, 699

F.3d 265, 289 (2d Cir. 2012)) (citations and internal quotation ma rks omitted).

The district court imposed a sentence of 24 months' imprisonment,
primarily citing the seriousness of the crime and Quraishi's lack of sincere remorse

.

This sentence was not substantively unreasonable. Indeed, given the egregious nature

2 There is no G uidelines range for Count 2 as it is a Class B misdemeanor.5 of Quraishi's conduct, the distri ct court's sentence of 24 month s ' imprisonment gives us
no pause whatsoever.
Quraishi, in claiming his sentence was substantively unreasonable, argues
that the district court allocated insufficient weight to certain miti gating considerations,
such as his lack of criminal history, his family support, and his proffered psychological
struggles, factors he claims makes his conduct an aberration. But the district court
properly weighed these considerations and committed no er ror in its evaluation of the

§ 3553(a) factors. See 18 U.S.C. § 3553(a). As the district co urt observed in imposing the

24

- month, statut ory maximum sentence, "there's a question about whether it is
sufficient, but it is certainly not greater than necessa ry to comply with the purposes set
forth in" § 3553(a). App. 36. We agree with that assessment.
Accordingly, the district court's sentence was not substantively

unreasonable.

* * *
We have considered all of Quraishi's remaining arguments and conc lude
they are without merit. Accordingly, we AFFIRM the judgment of the district court.

FOR THE COURT: Catherine O'Hagan Wolfe , Clerk