USCA11 Case: 20-13963 Date Filed: 08/24/2021 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-13963 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cr-20800-MGC-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ROLANDO VARELA, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 24, 2021) Before MARTIN, JORDAN, and GRANT, Circuit Judges. PER CURIAM: USCA11 Case: 20-13963 Date Filed: 08/24/2021 Page: 2 of 9 Jose Rolando Varela, a federal prisoner, appeals the district court’s order sentencing him to a 135-month prison term and a 10-year term of supervised release with special conditions. He raises two arguments on appeal. First, he says the special condition of his supervised release restricting his access to computers is unconstitutional. Second, he argues his 135-month prison term is substantively unreasonable. After careful consideration, we affirm Varela’s sentence. I. In 2019 Varela pled guilty to one count of possession of a visual depiction of a prepubescent minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B). At the plea hearing, the parties stipulated to the following facts. Varela received over 300 video files and over 22,500 images of child pornography through a peer-to-peer network known to contain child pornography files. Varela knowingly possessed the files and knew they contained child pornography as evidenced by his searches and the file names. The videos were sexually explicit and depicted young children, often prepubescent, in sadistic and masochistic scenes. Varela’s Presentence Investigation Report (“PSR”) assigned a base offense level of 18 pursuant to United States Sentencing Guideline § 2G2.2(a)(1). It then increased Varela’s offense level by 2 because the material involved a prepubescent minor under the age of 12, pursuant to USSG § 2G2.2(b)(2); 4 levels because the 2 USCA11 Case: 20-13963 Date Filed: 08/24/2021 Page: 3 of 9 material portrayed sadistic or masochistic conduct, pursuant to USSG § 2G2.2(b)(4)(A); 5 levels because Varela engaged in a pattern of activity involving the sexual abuse or exploitation of a minor, pursuant to USSG § 2G2.2(b)(5); 2 levels because the offense involved the use of a computer, pursuant to USSG § 2G2.2(b)(6); and 5 levels because he was responsible for 600 or more images of child pornography, pursuant to USSG § 2G2.2(b)(7)(D). The PSR reduced Varela’s offense level by three because he accepted responsibility and pled guilty, pursuant to USSG § 3E1.1(a), (b). His total offense level was 33. The PSR assigned Varela a criminal history category of I. It also stated that Varela has a bachelor’s degree in electrical engineering and was employed as an engineer for 20 years. The PSR further disclosed that Varela himself was the victim of sexual abuse when he was a child living in Honduras. Varela faced a statutory minimum prison term of 10 years and a statutory maximum of 20 years. Based on his offense level of 33 and criminal history category of I, Varela’s guideline range was 135 to 168 months’ imprisonment. His …
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