United States v. Rojas-Ramirez
Opinion
Javier Rojas-Ramirez appeals his 57-month sentence imposed after he pleaded guilty to illegally re-entering the United States after deportation in violation of 8 U.S.C. § 1326(a). Rojas-Ramirez argues his bottom-of-the-Guidelines-range sentence is substantively unreasonable because the sentence overstates his criminal history and overemphasizes his negative personal characteristics. After review, we affirm Rojas-Ramirez’s sentence. 1
Rojas-Ramirez fails to demonstrate his sentence is substantively unreasonable in light of the record and the § 3553(a) factors. In fashioning the sentence, the district court stressed Rojas-Ramirez’s recidivist violation of U.S. immigration law, Rojas-Ramirez’s violence toward his family, and the need for a “serious penalty” to deter repetitious violation of the U.S. immigration laws. Rojas-Ramirez has entered the United States illegally at least three times in the past 30 years and has been deported twice. The 57-month sentence occupies the bottom of the applicable Guidelines range of 57 to 71 months, and we ordinarily expect such a sentence to be reasonable. See United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005). Because Rojas-Ramirez’s sentence is supported by the § 3553(a) factors, the district court did not abuse its discretion in sentencing Rojas-Ramirez to 57 months’ imprisonment.
AFFIRMED.
. We review a final sentence imposed by the district court for reasonableness. United States v. Winingear, 422 F.3d 1241, 1245 (11th Cir. 2005). Reasonableness review is akin to the deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Javier ROJAS-RAMIREZ, Defendant-Appellant
- Status
- Unpublished