Beruflich Dokumente
Kultur Dokumente
No. 13-4102
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:12-cr-00375-LMB-1)
Submitted:
Decided:
October 2, 2013
PER CURIAM:
Juan Jose Deras-Lovo appeals from his conviction and
twenty-four month sentence, entered pursuant to his guilty plea
to
illegal
aggravated
pursuant
reentry
after
felony.
to
Anders
being
deported
On
appeal,
counsel
v.
California,
subsequent
has
386
filed
U.S.
738
to
a
an
brief
(1967),
whether
the
substantively reasonable.
has filed a brief.
sentence
is
procedurally
and
We affirm.
38, 51 (2007); see also United States v. Layton, 564 F.3d 330,
335 (4th Cir. 2009).
for
significant
calculate
(or
procedural
improperly
error,
including
calculating)
the
failing
Guidelines
to
range,
U.S.C.]
based
on
3553(a)
clearly
[(2006)]
erroneous
factors,
facts,
or
selecting
failing
sentence
to
adequately
We presume
F.3d 178, 193 (4th Cir. 2007); see Rita v. United States, 551
first
questions
whether
the
district
court
court
properly
responded
to
calculated
the
parties
325,
330
(4th
Cir.
the
advisory
arguments,
and
The
Guidelines
sufficiently
2009)
(district
court
must
conduct
the United States was the only home he had ever known when
granting
him
departure
for
cultural
assimilation.
In
sentence
based
behavior
and
fact
the
deportation.
We
upon
that
conclude
Deras-Lovos
he
that
paid
there
no
repeated
heed
was
to
no
criminal
his
error
prior
in
the
examine
the
the
substantive
totality
of
the
reasonableness
of
circumstances.
the
United
sentence
States
v.
A sentencing court
must
not
impose
necessary,
to
sentence
comply
sufficient,
with
the
3
but
purposes
greater
set
forth
than
in
[ 3553(a)(2)].
18 U.S.C. 3553(a).
reversal
of
the
district
court.
United
States
v.
Pauley, 511 F.3d 468, 474 (4th Cir. 2007) (internal quotation
marks omitted).
Here,
counsel
avers
that
Deras-Lovos
sentence
was
increase
both
permissible
for
the
the
felony conviction.
offense
offense
level
of
and
reentry
criminal
by
an
history
alien
after
is
a
to
characteristic
2L1.2(b)
treat
prior
under
(2012)
and
felony
U.S.
to
as
Sentencing
count
4
it
in
specific
offense
Guidelines
Manual
calculating
criminal
history,
where
criminal
prior
history
offense
points
accounted
and
for
six
sixteen-level
of
twelve
enhancement).
Deras-Lovo
contends
that
his
sentence
was
discretion.
almost
immediately
after
being
deported.
Thus,
it
was
Moreover, the
Deras-Lovo
asserts
that
his
sentence
was
USSG
2L1.2
was
erroneous.
Specifically,
Deras-Lovo
of
reasonableness
in
5
this
court
because
the
deportation
enhancement
is
not
based
on
empirical
data
as
empirical
data
underlying
the
Guidelines,
see
United
133
courts
to
sentences
S.
Ct.
274
discard
the
based
on
(2012),
nor
did
presumption
of
non-empirically
it
permit
appellate
reasonableness
grounded
for
Guidelines.
while
the
district
court
did
not
explicitly
assimilation,
appropriate.
The
fact
within-Guidelines
that
the
relevant
range
sentence
Guidelines
are
was
not
courts
conclusion
that
Guidelines
sentence
was
appropriate.
See
Mondragon-Santiago,
564
F.3d
at
367.
Therefore, we hold that the district court did not abuse its
discretion when it relied on USSG 2L1.2.
Pursuant to Anders, we have examined the record for
any
meritorious
affirm
issue
Deras-Lovos
and
have
conviction
found
and
none.
Accordingly,
sentence.
This
we
court
may
move
representation.
was
served
on
this
court
for
leave
to
withdraw
from
We
dispense
with
oral
argument