US v. Pablo Rodriguez-Paez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00250-TDS-1 Copies to all parties and the district court/agency. [999604554].. [15-4010]

Appeal: 15-4010

Doc: 25

Filed: 06/18/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4010

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
PABLO RODRIGUEZ-PAEZ,
Pablo Paez-Rodriguez,
Pablo P. Rodriguez,
Rodregues, a/k/a Pablo

a/k/a Pablo Rodriguez Paez,
a/k/a Pablo Paez Rodriguez,
a/k/a Pablo Rodriguez, a/k/a
Rodriquez,

a/k/a
a/k/a
Pablo

Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:14-cr-00250-TDS-1)

Submitted:

May 29, 2015

Before KEENAN
Circuit Judge.

and

WYNN,

Decided:

Circuit

Judges,

and

June 18, 2015

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
North
Carolina, for Appellant. Ripley Rand, United States Attorney,
Kristin J. Uicker, Special Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-4010

Doc: 25

Filed: 06/18/2015

Pg: 2 of 3

PER CURIAM:
Pablo Rodriguez-Paez pleaded guilty to illegally reentering
the United States after having been removed, in violation of 8
U.S.C.

§ 1326(a)

(2012).

The

district

court

sentenced

Rodriguez-Paez to eight months of imprisonment followed by one
year

of

supervised

release

and

he

now

appeals.

Finding

no

error, we affirm.
On appeal, Rodriguez-Paez argues that the district court
abused its discretion in imposing a term of supervised release.
We review a sentence for reasonableness, applying an abuse of
discretion standard.

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

(2007); see also United States v. Layton, 564 F.3d 330, 335 (4th
Cir. 2009).

If the sentence is within the Guidelines range, we

apply a presumption of reasonableness.
551

U.S.

338,

346-59

(2007)

Rita v. United States,

(upholding

presumption

of

reasonableness for within Guidelines sentence).
Pursuant to the Sentencing Guidelines, a court should not
ordinarily impose a term of supervised release for someone who
is

a

deportable

alien.

U.S.

§ 5D1.1(c) & cmt. n.5 (2014).
that

such

an

imposition

Sentencing

Guidelines

Manual

However, if the court determines

would

provide

an

added

measure

of

deterrence and protection based on the facts and circumstances
of a particular case, imposition of a term of supervised release
may be appropriate.

Id.

We have thoroughly reviewed the record
2

Appeal: 15-4010

and

Doc: 25

the

Filed: 06/18/2015

relevant

legal

Pg: 3 of 3

authorities

and

conclude

that

the

district court did not abuse its discretion in imposing a term
of supervised release based on the specific facts of RodrigezPaez’s case.
Accordingly, we affirm the judgment of the district court.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this Court and argument would not aid the decisional process.

AFFIRMED

3