Beruflich Dokumente
Kultur Dokumente
No. 11-4256
Roberto
G.
Flores,
a/k/a
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:10-cr-00222-TDS-1)
Submitted:
Decided:
the
charge
of
illegally
reentering
the
United
States
in
We affirm.
In 2003, he was
motor
vehicles.
In
2005,
DeLangel-Velasco
was
DeLangel-Velasco
was
arrested
in
On February 4,
Thomasville,
North
the
United
States
without
obtaining
appropriate
consent.
DeLangel-Velasco pled guilty in the United States District
Court for the Middle District of North Carolina to an indictment
under 8 U.S.C. 1326(a) and (b)(1) for unlawfully returning to
the
United
States
after
being
deported.
The
district
court
three-year
term
of
supervised
release,
and
special
sentencing,
the
district
court
found
that
DeLangel-
an
aggravated
felony
which
3
justified
an
eight-level
The district
not
apply,
DeLangel-Velasco
was
subject
to
four-level
Under
was
appropriate,
the
district
court
noted
the
United
States
Sentencing
Guidelines.
DeLangel-Velasco
review
sentence
imposed
by
district
court
for
See Gall
Initially, the
error
in
the
sentence,
improperly
calculating)
Guidelines
as
including
the
mandatory,
failing
Guidelines
failing
to
to
calculate
(or
range,
treating
the
consider
the
3553(a)
2009).
The
court
of
the
reasonableness
totality
of
variance
from
imposed
range,
by
the
variance.
the
then
sentence
circumstances,
the
the
must
Guidelines
district
court
must
consider
imposed,
including
range.
court
provide
substantive
considering
the
Id.
varies
the
extent
If
beyond
justification
the
the
to
of
the
any
sentence
Guidelines
support
the
this
case,
DeLangel-Velasco
does
not
dispute
the
sentencing
range.
In
applying
an
upward
variance,
the
United
States,
and
the
consequential
5
need
to
provide
Based on a review
sentence
was
reasonable
under
the
circumstances.
We
we
procedurally
and
courts
felony
find
substantively
analysis
of
conviction,
classification
DeLangel-Velascos
the
we
of
reasonable
four-level
need
not
abduction of children.
to
be
under
the
district
enhancement
for
address
DeLangel-Velascos
sentence
the
prior
district
prior
courts
conviction
for
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED