United States v. Sanford Darrell Chiago

Sanford Darrell Chiago appeals from the judgment of the district court sentencing him to consecutive prison terms of life imprisonment on a conviction for first-degree murder, 18 U.S.C. §§ 1111 , 1153, and twenty-five years on a conviction of robbery of a postal employee, 18 U.S.C. §§ 2112 , 2114. Chiago pleaded guilty to both crimes.

On appeal, Chiago contends that: (1) the district court violated his constitutional right to due process by recommending that the United States Parole Commission (Commission) consider a photograph of the victim in reaching a determination as to Chiago’s parole eligibility; and (2) the district court abused its discretion in sentencing the defendant to consecutive terms of imprisonment. We affirm.

I. PERTINENT FACTS

The district court included a recommendation to the Commission that Chiago not be paroled. To support this recommendation, the district court stated that it would submit to the Commission “a photograph of the victim showing the nature and extent of the injuries inflicted upon her.” The victim had been beaten and stabbed several times in the chest, and her throat had been slashed. The coroner’s photographs depict the injuries. In…