The deal recommended a ten-year term of imprisonment, and contained no other agreements or recommendations regarding the sentence. On May 10, 2013, pursuant to an agreement with the government, he pled guilty to the possession count the government subsequently dismissed the two production counts. § 2251(a), and one count of possession of child pornography, in violation of 18 U.S.C. On April 25, 2012, a grand jury in the District of Puerto Rico indicted Vélez–Luciano on two counts of producing child pornography, in violation of 18 U.S.C. Finally, Vélez–Luciano engaged in a threesome with both VMCH and JRJ in the music band room, providing them each with baton twirler outfits and directing them on what to do, culminating in sexual relations. Vélez–Luciano wanted VMCH to learn from the cartoons so that she would do with him what the cartoon characters did with each other. Additionally, Vélez–Luciano encouraged VMCH to view a pornographic website containing animated cartoons engaging in sexual conduct with each other, and she did so. These encounters took place in the music band room. He began sexually abusing her in 2010, when she was fourteen. The investigation further revealed that Vélez–Luciano abused a second female, a fifteen-year-old referred to as “VMCH.” 1 In 2008, when she was eleven, Vélez–Luciano recruited VMCH, who has a mental age three years behind her actual age, into the band. He also directed JRJ to view pornographic websites so that she could learn what Vélez–Luciano wanted to do with her, but the record indicates that she did not look at the web sites.

Additionally, Vélez–Luciano had sexually explicit conversations, via both text messaging and Facebook messaging, with JRJ. Investigators found three images of JRJ, all focused on her genitals, on Vélez–Luciano's computer. JRJ estimated that she sent approximately sixty photos, ranging from partially nude to fully nude, to Vélez–Luciano. Around this time, JRJ began, at Vélez–Luciano's request, taking photos of herself and sending them to him. Vélez–Luciano had sex with JRJ multiple times since, including during JRJ's lunch periods. Law enforcement investigated the allegations and discovered that Vélez–Luciano began providing special treatment to JRJ at least as far back as January 2010, and began having sexual contact with her-including intercourse-in May 2010, when she was fifteen. Vélez–Luciano had been living with Jimenez and JRJ for approximately seven months at that point, and on March 21, 2012, Jimenez obtained an Order of Protection and Eviction against Vélez–Luciano. In early 2012, Nereida Jiménez, the mother of a seventeen-year-old female student of Vélez–Luciano referred to as “JRJ,” complained to police that Vélez–Luciano had requested that JRJ send him nude photos of herself, and had sexually abused JRJ. In July 2007, Vélez–Luciano began working for Dorado, Puerto Rico as a Music Teacher and the Director of the Municipal Band. We thus vacate that one condition, affirm the rest, and remand the case to the district court for resentencing, limited solely to the vacated condition.īecause this appeal follows a conviction via guilty plea, we draw the facts from the plea colloquy and sentencing materials. With one exception, Vélez–Luciano cannot satisfy this standard for the challenged conditions. Because Vélez–Luciano's plea agreement included an applicable waiver of appeal provision, a heightened standard of review applies. The terms of his supervised release included multiple conditions, some of which he challenges in this appeal. Besosa–Martínez, Assistant United States Attorney, were on brief, for appellee.Īfter pleading guilty to one count of possession of child pornography, appellant Nelson Vélez–Luciano (“Vélez–Luciano”) received a sentence of ten years in prison followed by fifteen years of supervised release. Jorgensen, Assistant United States Attorney, with whom Rosa Emilia Rodríguez–Vélez, United States Attorney, Nelson Pérez–Sosa, Assistant United States Attorney, Chief, Appellate Division, and Francisco A. Shea, with whom Shea and LaRocque, LLP was on brief, for appellant. Decided: February 25, 2016īefore BARRON and STAHL, Circuit Judges, and SOROKIN,* District Judge. Nelson VÉLEZ–LUCIANO, Defendant, Appellant. United States Court of Appeals,First Circuit.

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