Professional Documents
Culture Documents
No. 07-4178
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr., Chief
District Judge. (1:06-cr-00247-JAB)
Submitted:
August 3, 2007
Decided:
PER CURIAM:
Sergio Pinedo Benitez appeals from his conviction and
sixty-five month sentence after pleading guilty to one count of
illegal reentry of a deported alien felon, in violation of 8 U.S.C.
1326(a) & (b)(2) (2000).
reasonableness.
(2005); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.
2005).
After
Booker,
courts
must
calculate
the
appropriate
United
The court
held
Davenport,
that
sentence
imposed
within
properly
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On June 29,
offense was a crime of violence, the district court did not err in
applying the sixteen-level enhancement.
Moreover, the district court treated the Guidelines as
advisory,
and
sentenced
Benitez
the
only
3553(a)
after
considering
factors,
and
the
Sentencing
Guidelines,
counsels
arguments.
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We therefore
If the
Counsels motion
We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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