Eliezer Rosario-Ramos v. United States

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.