US v. Cirilo Mata-Rosale

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00079-JAB-1 Copies to all parties and the district court/agency. [998863743].. [11-4996]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4996

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CIRILO MATA-ROSALES,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:11-cr-00079-JAB-1)

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 30, 2012

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Louis C. Allen III, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Angela H. Miller, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Cirilo

Mata-Rosales

appeals

the

seventy-eight-month

sentence imposed following his guilty plea to illegal reentry by
an alien who had been convicted of an aggravated felony, in
violation of 8 U.S.C. § 1326(a), (b)(2) (2006).

On appeal,

Mata-Rosales challenges only the substantive reasonableness of
his

sentence,

arguing

reasonableness

that

afforded

he

to

his

rebutted

the

presumption

within-Guidelines

of

sentence.

Finding no error, we affirm.
In
sentence,

reviewing

we

circumstances.”

“take

the

substantive

into

account

reasonableness

the

totality

of

of

a
the

Gall v. United States, 552 U.S. 38, 51 (2007).

If the sentence imposed is within the appropriate Sentencing
Guidelines range, we presume it is reasonable.
Mendoza-Mendoza,

597

F.3d

212,

216

(4th

United States v.

Cir.

2010).

This

presumption may be rebutted by a showing “that the sentence is
unreasonable when measured against the [18 U.S.C.] § 3553(a)
[(2006)] factors.”

United States v. Montes-Pineda, 445 F.3d

375, 379 (4th Cir. 2006) (internal quotation marks omitted).
Upon review, we conclude that Mata-Rosales failed to rebut the
presumption of reasonableness.

Thus, the district court did not

abuse its discretion in sentencing Mata-Rosales to seventy-eight
months’

imprisonment,

a

sentence

2

within

the

applicable

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Sentencing

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Guidelines

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range.

See

Gall,

522

U.S.

at

51

We therefore affirm the district court’s judgment.

We

(providing standard of review).

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

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