Professional Documents
Culture Documents
No. 15-4210
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00355-CCE-1)
Submitted:
Decided:
October 6, 2015
PER CURIAM:
Alberto Mendoza-Martinez pled guilty, pursuant to a written
plea agreement, to unlawfully reentering the United States after
being
removed
following
an
aggravated
felony
conviction,
in
On appeal,
review
any
criminal
sentence,
whether
inside,
just
deferential
States,
abuse-of-discretion
552
U.S.
consideration
of
38,
41
both
standard.
(2007).
the
district
range,
reasonableness,
court
gave
properly
the
this
court
an
the
and
requires
substantive
whether
defendants
to
United
In determining
considers
opportunity
v.
review
Id. at 51.
calculated
parties
This
procedural
Gall
the
Guidelines
argue
for
an
Id. at
49-51.
Mendoza-Martinez does not dispute the computation of his
Guidelines range.
did not adequately explain its reasons for rejecting MendozaMartinezs arguments in favor of a sentence at the bottom of the
Guidelines range.
in
particularly,
mitigation
Mendoza-Martinezs
inevitable
for
them;
and
his
family
support
and
employment
the
bottom
of
the
Guidelines
range.
Mendoza-Martinez
authorization,
it
rejected
the
contention
that
these
and
Jeffery,
reentries
631
district
determining
F.3d
courts
the
after
669,
679
have
weight
removal.
(4th
Cir.
extremely
to
be
given
3
See
2011)
broad
each
United
States
v.
(explaining
that
discretion
when
of
the
3553(a)
factors).
claim
of
procedural
error
because
the
district
United
States v. Avila, 770 F.3d 1100, 1108 (4th Cir. 2014) (alteration
and internal quotation marks omitted).
Mendoza-Martinez
substantively
next
unreasonable
circumstances.
contends
based
that
on
his
the
sentence
totality
of
is
the
sentence
to
be
within
the
substantively
Guidelines
range
reasonable.
only
be
unreasonable
factors.
rebutted
when
by
measured
showing
against
on
States
v.
Such a presumption
that
the
presumed
United
is
the
18
sentence
U.S.C.
is
3553(a)
record.
As
noted
above,
the
district
court
expressed
with
two
of
the
3553(a)
4
factors,
see
18
U.S.C.
3553(a)(2)(A)
(seriousness
of
offense);
id.
3553(a)(2)(C)
selected
sentence.
We
are
not
persuaded
by
Mendoza-
the
factors.
district
courts
assessment
of
these
3553(a)
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED