Beruflich Dokumente
Kultur Dokumente
No. 12-5009
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:11-cr-00375-D-3)
Submitted:
GREGORY,
Decided:
Circuit
Judges,
and
HAMILTON,
PER CURIAM:
Pedro
Gomez-Jimenez
(Pedro)
pled
guilty
to
U.S.
Sentencing
Guidelines
Manual
(USSG)
concurrent
terms
of
180
months
imprisonment.
We affirm.
abuse-of-discretion
552
U.S.
38,
41,
standard.
51
(2007).
Gall
This
v.
review
United
entails
reasonableness,
properly
gave
calculated
the
parties
we
Id. at 51.
consider
whether
the
defendants
an
opportunity
In determining
the
advisory
to
district
Guidelines
argue
for
an
Id. at 4951.
argues
that
the
Id. at 51.
district
court
erred
2D1.1(b)(1),
two-level
increase
in
in
Under
defendants
United States v.
Harris, 128 F.3d 850, 852 (4th Cir. 1997) (internal quotation
marks omitted).
Manigan,
to
defendant
that
his
co-participant
was
in
possession
of
firearm.
(4th
1994)
Cir.
omitted).
The
(internal
defendant
quotation
bears
the
marks
burden
and
to
alteration
show
that
application
of
the
two-level
The district
enhancement
under
USSG
Pedro
possession
could
of
participants
foresee
three
in
the
his
firearms
conspiracy
co-defendants
in
stored
constructive
residence
cocaine
where
and
the
marijuana,
any
evidence
suggesting
the
connection
between
the
Pedro
challenges
the
district
courts
of
minor.
This
section
of
the
Guidelines
directs
eighteen
USSG 3B1.4.
commanding,
of
recruiting,
The district
USSG
presentence
age
to
commit
the
offense.
procuring,
under
years
courts
intimidating,
or
soliciting.
application
3B1.4
is
report
and
counseling,
of
supported
the
the
by
Id.,
cmt.
two-level
information
Governments
training,
n.1.
enhancement
in
both
evidentiary
the
proffer
to
States
(affirming
assist
v.
him
Murphy,
application
in
producing
254
F.3d
511,
of
enhancement
cocaine
513-14
where
base.
(4th
Cir.
defendant
However, a district
not
provide
basis
for
appeal
under
18
U.S.C.
3742
Pedro also argues that it was error for the district court
to apply the 3B1.4 enhancement based on the late date of the
proffer, but he fails to explain why this is so or why the late
date warrants vacatur of his sentence.
do so.
2008).
Pedro
does
not
suggest
that
the
district
court
on
unreasonable.
appeal
to
be
within-Guidelines
substantively
sentence
reasonable,
is
United
is
unreasonable
when
measured
against
the
3553(a)
factors.
(4th
2006)
Cir.
(internal
quotation
marks
omitted).
Pedro
of
sentencing
in
Pedros
case.
United
States
v.
Jeffery, 631 F.3d 669, 679 (4th Cir. 2011) ([D]istrict courts
2
presumption
substantively
that
his
reasonable.
within-Guidelines
Accordingly,
we
sentence
conclude
that
is
the
therefore
affirm
the
judgment
of
the
district
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED