United States v. Gerardo Tapanes

Gerardo Tapanes appeals his 60-month sentence for failure to obey an order by authorized federal law enforcement officers to heave to a U.S. Coast Guard (“USCG”) vessel, in violation of 18 U.S.C. § 2237(a). First, Tapanes argues that the district court violated his First Amendment rights by considering the obscene hand gesture that Tapanes made to USCG authorities, in order to enhance his sentence ten-fold. Second, Tapanes argues that his above-Guidelines’ sentence is unreasonable in light of the 18 U.S.C. § 3553(a) factors because the court unjustifiably replied upon only one of the factors,…