US v. Cirilo Serrano-Manehen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00131-CCE-1. Copies to all parties and the district court/agency. [999366622]. [13-4702]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4702

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CIRILO SERRANO-MANEHEN, a/k/a Jesus Flores Lopez, a/k/a
Cirilo Maneche Serrano, a/k/a Edwardio Blanco Torra, a/k/a
Jose Manuel Renteria Galeana, a/k/a Jose Renteria Galeana,
Defendant – Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00131-CCE-1)

Submitted:

May 29, 2014

Decided:

June 2, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dennis M. Hart, Washington, D.C., for Appellant.
Ripley Rand,
United States Attorney, Kyle D. Pousson, Special 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Unpublished opinions are not binding precedent in this circuit.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 Serrano-Manehen pled guilty to illegal reentry
by a deported alien, in violation of 8 U.S.C. § 1326(a), (b)(1)
(2012).

The

imprisonment.

district

court

sentenced

him

to

70

months’

Serrano-Manehen appeals, challenging the validity

of his plea and the reasonableness of his sentence.

We affirm.

In the absence of a motion in the district court to
withdraw a guilty plea, this court’s review of the plea colloquy
is for plain error.

United States v. Martinez, 277 F.3d 517,

525 (4th Cir. 2002).

After reviewing the plea agreement and the

transcript of the plea hearing, we conclude that the district
court fully complied with the requirements of Fed. R. Crim. P.
11 when accepting Serrano-Manehen’s guilty plea.

Therefore, we

affirm his conviction.
Serrano-Manehen contends that the sentence imposed was
unreasonable and that the court erred by imposing a term of
supervised release.

We have reviewed the sentence and conclude

that it was properly calculated and that the sentence imposed
was reasonable.

See Gall v. United States, 552 U.S. 38, 51

(2007); United States v. Llamas, 599 F.3d 381, 387 (4th Cir.
2010).

The

district

court

appropriately

considered

the

18

U.S.C. § 3553(a) (2012) factors in light of Serrano-Manehen’s
individual characteristics and history, and adequately explained
the sentence.

We conclude that the district court did not abuse
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its discretion in imposing the 70-month sentence.

See Gall, 552

U.S. at 41; United States v. Allen, 491 F.3d 178, 193 (4th Cir.
2007)

(applying

appellate

presumption

within-Guidelines sentence).

of

reasonableness

to

Additionally, although a term of

supervised release was not required by statute, we find no plain
error by the court in imposing a two-year supervised release
term.

See United States v. Maxwell, 285 F.3d 336, 339 (4th Cir.

2002).
Serrano-Manehen also seeks to assert a claim that his
attorney provided ineffective assistance.

Claims of ineffective

assistance of counsel are more appropriately raised in a motion
filed

pursuant

ineffectiveness

to

28

U.S.C.

conclusively

§ 2255
appears

(2012),

unless

on

record.

the

counsel’s
United

States v. Baldovinos, 434 F.3d 233, 239 (4th Cir. 2006).
review
counsel

of

the

record,

rendered

we

find

ineffective

no

conclusive

assistance.

After

evidence

Accordingly,

that
we

decline to consider these claims on direct appeal, and we affirm
Serrano-Manehen’s

sentence.

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.

AFFIRMED

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