US v. Torres-Moreno
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILFREDO TORRES-MORENO, a/k/a Wilson Maldonado Fuentes, a/k/a Manuel De Jesus, Defendant - Appellant.
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-00345-JAB)
August 3, 2007
August 17, 2007
Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Angela Hewlett Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Wilfredo Torres-Moreno appeals the seventy-six-month
sentence imposed by the district court after he pled guilty to illegally reentering the United States after being deported as an aggravated felon, in violation of 8 U.S.C. § 1326(a), (b)(2) (2000). Anders v. Torres-Moreno's California, counsel 386 U.S. filed 738 a brief (1967), pursuant to
Torres-Moreno's sentence but stating that, in his view, there are no meritorious issues for appeal. Torres-Moreno was informed of
his right to file a pro se supplemental brief but has not done so. We affirm. Counsel questions whether Torres-Moreno's sentence is too long and suggests that a lower sentence would serve the ends of justice. In imposing a sentence after United States v. Booker, 543 U.S. 220 (2005), a court 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 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2007). 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 United States v.
Guidelines range is presumptively reasonable."
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Johnson, 445 F.3d 339, 341 (4th Cir. 2006); see Rita v. United States, 127 S. Ct. 2456, 2462-69 (2007) (upholding application of rebuttable sentence). The district court sentenced Torres-Moreno only after considering § 3553(a) and examining as the sentencing by guidelines In well and the presumption of reasonableness to within-guidelines
addition, within the
twenty-year statutory maximum sentence. See 8 U.S.C. § 1326(b)(2). Finally, neither Torres-Moreno nor the record suggests any
information so compelling that it rebuts the presumption that a sentence within the properly calculated guideline range is
reasonable. We therefore conclude that the sentence is reasonable. In accordance with Anders, we have reviewed the entire record for any meritorious issues and have found none.
Accordingly, we affirm the district court's judgment.
requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from
Counsel's motion must state that a copy thereof We dispense with oral argument because
was served on the client.
the facts and legal contentions are adequately presented in the
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decisional process. AFFIRMED
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