Professional Documents
Culture Documents
No. 14-4699
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:14-cr-00054-F-1)
Submitted:
KING,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Moises Hernandez-Osorio pled guilty to illegal reentry by
an aggravated felon, in violation of 8 U.S.C. 1326(a), (b)(2)
(2012).
He
now
appeals,
unreasonable.
claiming
that
his
sentence
is
substantively
We affirm.
we
examine[]
the
totality
of
the
is
substantively
reasonable.
United
States
v.
Louthian, 756 F.3d 295, 306 (4th Cir.), cert. denied, 135 S. Ct.
421 (2014).
that
afforded
sixteen-level
Sentencing
based
on
his
this
standard
of
within-Guidelines
sentence
should
presumption
of
reasonableness
enhancement
he
received
Guidelines
an
disputes
Id.
Manual
empirical
study
the
not
because
pursuant
2L1.2(b)(1)(A)
by
review
to
(2013)
Sentencing
was
and
be
the
U.S.
not
Commission,
their
reflect
criminal
the
risk
history
of
scores,
recidivism.
and
His
such
attacks
in
other
not
argument
does
accurately
amounts
to
We have consistently
cases.
See,
e.g.,
United
(No.
13-4073),
cert.
denied,
134
S.
Ct.
1330
(2014);
accorded
Accordingly, we affirm.
his
within-Guidelines
sentence.
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED