United States v. Marcel Arevalo, AKA Psycho

Marcel Arevalo again attempts to appeal his sentence and conviction on two counts of conspiracy to distribute a controlled substance, 21 U.S.C. § 846 , and one count of RICO conspiracy to distribute narcotics, 18 U.S.C. § 1962 (d). He voluntarily dismissed his first appeal almost seven months before seeking to reinstate it. We dismiss for lack of jurisdiction.

I

After a ninety-four day trial, a jury convicted Arevalo on three of the seventeen charged counts, conspiracy and RICO conspiracy to distribute controlled substances. The jury found Arevalo not guilty on the remaining fourteen counts: one count of violating RICO, 18 U.S.C. § 1962 (c), eight counts of violent crimes in aid of racketeering, 18 U.S.C. § 1959 (a), and five counts of carrying and using a firearm in connection with a crime of violence or drug trafficking, 18 U.S.C. § 924 (c).

Based on Arevalo’s criminal history and jury conviction, the Presentence Report calculated a Total Offense Level of 19 and a Criminal History Category of I, and recommended that the district court sentence Arevalo to between thirty and thirty-seven months of imprisonment. At the sentencing hearing, however, the district court made several…