US v. Daniel Marroquin-Santiago

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00232-JAB-1 Copies to all parties and the district court/agency. [999704508].. [15-4333, 15-4346]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4333

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL MARROQUIN-SANTIAGO,
Defendant - Appellant.

No. 15-4346

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL MARROQUIN-SANTIAGO,
Defendant - Appellant.

Appeals from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:10-cr-00232-JAB-1; 1:14-cr-00459-JAB1)

Submitted:

November 19, 2015

Decided:

November 23, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

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Affirmed by unpublished per curiam opinion.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,
Lisa B. Boggs, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In
appeals

these
the

consolidated

24-month

appeals,

sentence

Daniel

imposed

Marroquin-Santiago

after

he

pled

guilty,

pursuant to a plea agreement, to one count of illegal reentry of
a

felon,

in

violation

of

8

U.S.C.

§ 1326

(2012)

(“reentry

case”), as well as the 12-month sentence imposed for violating
the

supervised

release

terms

of

conviction (“revocation case”).

his

prior

illegal

reentry

In the reentry case, Marroquin-

Santiago asserts that the 24-month sentence was greater than
necessary

to

achieve

§ 3553(a) (2012).

the

sentencing

objectives

of

18

U.S.C.

In the revocation case, Marroquin-Santiago

asserts that imposing his 12-month sentence to run consecutively
to

the

24-month

sentence

in

the

plainly unreasonable sentence.

reentry

case

resulted

in

a

Finding no error, we affirm.

We review Marroquin-Santiago’s 24-month sentence in the reentry

case

for

reasonableness,

standard of review.
(2007).
ensure

using

an

abuse

of

discretion

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

The first step in this review requires the court to
that

the

procedural error.
(4th Cir. 2008).
procedurally

district

court

committed

no

significant

United States v. Evans, 526 F.3d 155, 160-61
If, and only if, this court finds the sentence

reasonable

will

we

reasonableness of the sentence.
F.3d 325, 328 (4th Cir. 2009).
3

consider

the

substantive

United States v. Carter, 564
We presume that a sentence

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within

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a

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properly

reasonable.

calculated

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Sentencing

Guidelines

range

is

United States v. Cobler, 748 F.3d 570, 582 (4th

Cir.), cert. denied, 135 S. Ct. 229 (2014).
Although

Marroquin-Santiago

concedes

that

we

may

presume

his 24-month sentence is reasonable because it was within the
Guidelines range calculated at sentencing, he asserts that he
should

have

been

personal

history

district

court

sentenced
and

imposed

a

of

considerations

of

exercised

arguments

sentence

circumstances

a

lesser

characteristics.

properly

Marroquin-Santiago’s

to

the

that

in

§ 3553(a).

We

its

based

discretion

the

as

See

Evans,

and

as
526

his
the

to

nature

well

on
that

conclude

mitigation,

reflects

offense,

term

reject

that
and

the
F.3d

it
the

other
at

162

(recognizing that deference to a district court’s sentence is
required because the “sentencing judge is in a superior position
to find facts and judge their import under § 3553(a) in the
individual case” (internal quotation marks omitted)).
Marroquin-Santiago
reasonableness

has

this

failed
court

to

rebut

affords

the

his

Because

presumption

of

within-Guidelines

sentence, we affirm his sentence in the reentry case.
We also reject Marroquin-Santiago’s assertion that his 12month sentence in the revocation case is plainly unreasonable
because the district rejected his request to run the sentence
concurrent to his sentence in the reentry case.
4

Sentences or

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breaches of supervised release are meant to sanction the abuse
of the court’s trust inherent in those violations, and not to
punish

the

underlying

offense

conduct.

Therefore,

these

sentences are intended to run consecutively to other sentences:
Any term of imprisonment imposed upon the revocation
of probation or supervised release shall be ordered to
be
served
consecutively
to
any
sentence
of
imprisonment that the defendant is serving, whether or
not the sentence of imprisonment being served resulted
from the conduct that is the basis of the revocation
of probation or supervised release.
U.S.

Sentencing

Guidelines

Manual

§ 7B1.3(f),

p.s.

(2014).

Accordingly, it was not error for the district court to impose
Marroquin-Santiago’s

sentence

in

the

revocation

case

consecutively to his sentence in the reentry case.
conclude

that

Marroquin-Santiago’s

12-month

to

run

Because we

sentence

is

not

unreasonable, it necessarily follows that the sentence is not
plainly unreasonable.

United States v. Crudup, 461 F.3d 433,

440 (4th Cir. 2006).
We therefore affirm the district court’s judgments.
dispense

with

contentions
before

this

oral

are
court

argument

because

adequately
and

the

presented

argument

would

not

facts

in
aid

and

We
legal

the

materials

the

decisional

process.

AFFIRMED

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