FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District
José B. Vélez Goveo and Vélez &
Vélez Law Office on brief for appellant.
Mariana E. Bauzá-Almonte, Assistant United States
Attorney, Chief, Appellate Division, Antonio L. Perez-Alonso,
Assistant United States Attorney, and Rosa Emilia
Rodríguez-Vélez, United States Attorney, on
brief for appellee.
Lynch, Thompson, and Kayatta, Circuit Judges.
Hassan-Saleh-Mohamad ("Hassan") pleaded guilty to
possession of child pornography in violation of 18 U.S.C.
§§ 2252A(a)(5)(B) and (b)(2). He now challenges the
procedural and substantive reasonableness of his
within-guidelines sentence of eighty-seven months'
imprisonment and fifteen years' supervised release.
Finding no abuse of discretion, we affirm his sentence.
recount only the central facts in this section, providing
more detail as necessary in the analysis. As Hassan's
appeal follows a guilty plea, "we draw the relevant
facts from the plea agreement, the change-of-plea colloquy,
the undisputed portions of the presentence investigation
report ('PSR'), and the transcript of the disposition
hearing." United States v. O'Brien, 870
F.3d 11, 14 (1st Cir. 2017).
Federal Investigation, Child Pornography Charge, and
a Federal Bureau of Investigation (FBI) investigation into
the distribution of child pornography on the Ares
peer-to-peer file-sharing network in November 2016, an FBI
agent identified a computer with a particular Internet
Protocol (IP) address as a potential source of child
pornography. The agent began investigating this computer and
downloaded two video files made available by the targeted
computer, both of which contained child
administrative subpoena on the cable company connected to the
IP address of that computer returned an address in Puerto
Rico. The FBI then executed a search, pursuant to a warrant,
of the residence at that address on March 31, 2017, and
interviewed all of the residents, including Hassan. In this
interview, Hassan stated that he had used his computer to
search the Ares peer-to-peer network for child pornography
and had downloaded about fifty child pornography videos and
images in the past year. A search of Hassan's hard drive
found six images and 335 videos of minors engaged in sexual
conduct, including some featuring sadomasochistic acts and
April 25, 2018, a criminal information was filed, charging
Hassan with one count of possession of child pornography, in
violation of 18 U.S.C. §§ 2252A(a)(5)(B) and
(b)(2). That same day, Hassan pleaded guilty to this count
pursuant to a plea agreement. The plea agreement stated a
Base Offense Level (BOL) of eighteen and a number of
sentencing adjustments, leading to a Total Offense Level
(TOL) of twenty-five. The parties did not stipulate to a
Criminal History Category (CHC). The plea agreement stated
that Hassan could argue for a sentence of fifty-seven
months' imprisonment, and the government could argue for
seventy-one months. Hassan agreed to waive his right to
appeal if the sentence imposed was seventy-one months or
Probation Office filed an amended PSR which applied a
five-level rather than two-level enhancement for the number
of images possessed by Hassan,  leading to a TOL of
twenty-eight. The PSR stated a CHC of I for Hassan. This
TOL and CHC led to a guideline sentencing range (GSR) of
seventy-eight to ninety-seven months. Hassan filed a
sentencing memorandum arguing for a sentence of fifty-seven
months; he did not challenge facts in the PSR. Instead, he
more generally challenged the sentencing guidelines related
to child pornography and sought a downward variance based on
the district court's discretion to disagree with specific
guidelines, recognized in Kimbrough v. United
States, 552 U.S. 85 (2007).
sentencing hearing, Hassan argued again for a sentence of
fifty-seven months' imprisonment; pursuant to the plea
agreement, the government argued for a sentence of
seventy-one months' imprisonment. After discussing, inter
alia, the GSR, the sentencing enhancements, certain facts of
the offense, and some characteristics of the defendant, the
district court imposed a sentence of eighty-seven months'
imprisonment and fifteen years' supervised release. Near
the end of the sentencing hearing, ...