Professional Documents
Culture Documents
No. 11-4825
Diaz-Rosas,
a/k/a
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:10-cr-00071-D-1)
Submitted:
June 5, 2012
Decided:
PER CURIAM:
Cipriano Diaz-Galiana appeals his 120-month sentence
following
guilty
plea
to
illegal
reentry
by
argues
departing
that
under
the
the
district
Sentencing
court
an
aggravated
On appeal, Diaz-
erred
in
Guidelines.
upwardly
Finding
no
to
sentencing,
the
presentence
investigation
(2010),
with
twelve-level
enhancement
for
specific
three-level
reduction
for
acceptance
of
responsibility,
level
with
of
seventeen,
combined
category
IV
criminal
months
determined
Galianas
history
imprisonment.
that
criminal
to
the
history
category
At
PSR
sentencing,
incorrectly
category,
III.
Thus,
the
district
calculated
reducing
his
Diaz-Galianas
Diaz-
criminal
Guidelines
addition,
the
district
court
found
that
Diaz-
nature
and
seriousness
of
2
his
criminal
history,
or
the
the
court
increased
Diaz-Galianas
Pursuant to USSG
criminal
history
court
also
found
that
Diaz-Galianas
advisory
Guidelines
further
increasing
his
offense
level
to
twenty-four
deferential
abuse
of
discretion
standard.
Gall
v.
F.3d
572,
578-79
(4th
Cir.
2010).
When
reviewing
the
sentencing
Villanueva,
473
F.3d
range.
118,
United
123
(4th
States
Cir.
v.
2007)
Hernandez(citation
omitted).
Pursuant to USSG 4A1.3(a)(1), a court may upwardly
depart from the Guidelines range if the court determines that
the defendants criminal history category substantially under3
making
this
sentences
not
determination,
used
in
the
calculating
court
the
may
consider
defendants
prior
criminal
USSG 4A1.3(a)(2).
In addition, under
find
that
the
district
court
did
not
abuse
its
to
support
the
courts
judgment.
Diaz-Galianas
after
a
the
concealed
fact
to
murder,
weapon.
drug
Moreover,
trafficking,
Diaz-Galianas
and
five
with
seven
additional
occasions
resulting
in
Diaz-
In
by
an
illegal
alien,
given
that
Diaz-Galiana
was
found
in
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED