U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Garcia-Flores

United States v. Garcia-Flores
U.S. Court of Appeals for the Fourth Circuit · Decided June 26, 2007 · Niemeyer, Williams, Shedd
231 F. App'x 229

United States v. Garcia-Flores

Opinion

PER CURIAM:

Jose Garcia-Flores was sentenced to thirty-two months in prison after pleading guilty pursuant to a plea agreement to unlawful re-entry of a deported alien in violation of 8 U.S.C. §§ 1326(a) and (b)(2) (2000). On appeal, Garcia-Flores asserts the district court erred in sentencing him under an unconstitutional mandatory guidelines scheme and failed to adequately explain its consideration of the 18 U.S.C. § 3553(a) (2000) factors. Finding no error, we affirm.

We find that the district court properly applied the federal sentencing guidelines and considered the relevant sentencing factors before imposing Garcia-Flores’s sentence. See 18 U.S.C. § 3553(a) (2000); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir. 2005). Additionally, we find that the sentence imposed, which Garcia-Flores admits was within a properly calculated guidelines range, was reasonable. See United States v. Green, 436 F.3d 449, 457 (4th Cir.) (holding a sentence *230 imposed within a properly calculated guidelines range is presumptively reasonable), cert. denied, — U.S. —, 126 S.Ct. 2309, 164 L.Ed.2d 828 (2006).

Accordingly, we affirm Garcia-Flores’s conviction and 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.

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