US v. Cruz-Ochoa
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONALDO ALBERTO CRUZ-OCHOA, a/k/a Ronaldo Lopez-Cruz, a/k/a Ronaldo Cruz, a/k/a Antonio Lopez, a/k/a Antonio Guadalupe Cruz-Perez, a/k/a Ronald Cruz-Ochoa, a/k/a Orlando Roberto Cruz-Ochoa, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:05-cr-00279)
April 11, 2007
May 11, 2007
Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eric A. Bach, Charlotte, North Carolina, for Appellant. Gretchen C. F. Shappert, United States Attorney, Thomas T. Cullen, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Ronaldo Cruz-Ochoa, a citizen of El Salvador, pled guilty to unlawful reentry after deportation for an aggravated felony in violation of 8 U.S.C. § 1326(a), (b)(2) (2000). The district court sentenced Cruz-Ochoa to fifty-seven months' imprisonment. appeal, Cruz-Ochoa argues the district court erred in On
impose a variance sentence pursuant to 18 U.S.C. § 3553(a) (West 2000 & Supp. 2006). For the following reasons, we affirm. After United States v. Booker, 543 U.S. 220 (2005), a district court is no longer bound by the range prescribed by the sentencing guidelines. However, in imposing a sentence
post-Booker, courts still must calculate the applicable guideline range after making the appropriate findings of fact and consider the range in conjunction with other relevant factors under the guidelines and § 3553(a). United States v. Moreland, 437 F.3d 424, 432 (4th Cir.), cert. denied, 126 S. Ct. 2054 (2006). This court
will affirm a post-Booker sentence if it "is within the statutorily prescribed range and is reasonable." Id. at 433 (internal
quotation marks and citation omitted).
"[A] sentence within the
proper advisory Guidelines range is presumptively reasonable." United States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006). Cruz-Ochoa submits that he offered substantial evidence of rehabilitation following his convictions that enhanced his criminal history category, and that his sentence is longer than
- 2 -
necessary to comply with the factors set forth in 18 U.S.C.A. § 3553(a). However, Cruz-Ochoa's sentence was within the guideline range of fifty-seven to seventy-one months and well within the twenty-year statutory maximum set forth in 8 U.S.C. § 1326 (b)(2). Because the district court appropriately treated the guidelines as advisory, and properly calculated and considered the guideline range and the relevant § 3553(a) factors, in light of Cruz-Ochoa's mitigation arguments, we find the sentence reasonable. See United
States v. Green, 436 F.3d 449 (4th Cir.) (holding that a sentence within the properly calculated guidelines range is presumptively reasonable), cert. denied, 126 S. Ct. 2309 (2006). Accordingly, we affirm the district court's judgment. 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
- 3 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?