USA v. Jose Jaimez-Padilla

Filing

Opinion issued by court as to Appellant Jose Jaimez-Padilla. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 14-10714

Date Filed: 09/11/2014

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-10714
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-00355-TWT-LTW-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE JAIMEZ-PADILLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(September 11, 2014)
Before WILSON, PRYOR and ROSENBAUM, Circuit Judges.
PER CURIAM:

Case: 14-10714

Date Filed: 09/11/2014

Page: 2 of 3

Jose Jaimez-Padilla, a native and citizen of Mexico, appeals his sentence of
18 months of imprisonment following his plea of guilty to entering the United
States illegally after deportment. 8 U.S.C. § 1326(a), (b)(2). Jaimez-Padilla
argues that his sentence is unreasonable. We affirm.
The district court did not abuse its discretion. In June 2013, Jaimez-Padilla
entered the United States illegally and was arrested after he gave a false name to a
police officer. Jaimez-Padilla was deported in December 2011 following his
conviction for two counts of family violence and was deported again in December
2012. Based on that information, the district court reasonably determined that a
sentence at the low end of Jaimez-Padilla’s advisory guideline range of 18 to 24
months of imprisonment was required to address the nature and circumstances of
his offense and his recidivism, to provide adequate punishment, to promote respect
for the law, and to avoid a sentencing disparity with similarly-situated offenders.
See 18 U.S.C. § 3553(a). Jaimez-Padilla argued that he was entitled to a
downward variance to account for his relatively minor offenses and to offset the
eight-level enhancement of his sentence for being deported after being convicted of
battery involving violence, see United States Sentencing Guidelines Manual
§ 2L1.2 (Nov. 2013), but the district court reasonably decided that a sentence of 18
months balanced the need to punish him for flouting the law with the need to
compensate him for time served in the custody of immigration officers which
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Case: 14-10714

Date Filed: 09/11/2014

Page: 3 of 3

would not be credited by the Bureau of Prisons. Jaimez-Padilla’s sentence, which
is far below his maximum statutory punishment sentence of 20 years of
imprisonment, is reasonable.
We AFFIRM Jaimez-Padilla’s sentence.

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