US v. Jaime Marquez Rodriguez
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cr-00259-RJC-1 Copies to all parties and the district court/agency. [999907659].. [16-4011]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4011
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JAIME MARQUEZ RODRIGUEZ, a/k/a
a/k/a Nathan Anthony Reyes,
Jaime
Rodriguez
Marquez,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:14-cr-00259-RJC-1)
Submitted:
July 22, 2016
Decided:
August 10, 2016
Before KING, DUNCAN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William D. Auman, AUMAN LAW OFFICES, Asheville, North Carolina,
for Appellant. Jill Westmoreland Rose, United States Attorney,
Anthony J. Enright, Assistant United States Attorney, Charlotte,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jaime Marquez Rodriguez pled guilty to illegal reentry by a
previously deported alien, 8 U.S.C. §§ 1326(a), (b)(2) (2012).
He was sentenced to 41 months in prison — within his Guidelines
range of 41-51 months.
Rodriguez now appeals, claiming that his
sentence is substantively unreasonable.
We
review
a
sentence
abuse-of-discretion standard.”
U.S.
38,
41
(2007).
We affirm.
“under
a
deferential
See Gall v. United States, 552
When
reviewing
for
substantive
reasonableness, we “examine[] the totality of the circumstances
to see whether the sentencing court abused its discretion in
concluding that the sentence . . . satisfied the standards set
forth in [18 U.S.C. §] 3553(a) [(2012)].”
United States v.
Mendoza-Mendoza, 597 F.3d 212, 216 (4th Cir. 2010).
If, as
here, the sentence is within the correctly calculated Guidelines
range,
we
may
reasonable.
presume
Id.
This
that
the
sentence
presumption
is
is
substantively
rebutted
only
if
the
defendant shows “that the sentence is unreasonable when measured
against the § 3553(a) factors.”
445
F.3d
375,
379
(4th
Cir.
United States v. Montes-Pineda,
2006)
(internal
quotation
marks
omitted).
At Rodriguez’s sentencing, the district court stated that
it had considered the 18 U.S.C. § 3553(a) (2012) factors and
Rodriguez’s
request
for
a
downward
2
variance
to
18
months.
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However, the court stated that a variance was not appropriate,
especially in light of Rodriguez’s criminal history.
We conclude that the sentence is substantively reasonable
and
that
Rodriguez
reasonableness
we
failed
accord
Accordingly, we affirm.
to
his
rebut
the
presumption
within-Guidelines
of
sentence.
We 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
3
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