U.S. Court of Appeals for the Fifth Circuit, 2013

United States v. Jose Ramirez-Maldonado

United States v. Jose Ramirez-Maldonado
U.S. Court of Appeals for the Fifth Circuit · Decided January 25, 2013 · King, Clement, Higginson
509 F. App'x 297

United States v. Jose Ramirez-Maldonado

Opinion

PER CURIAM: *

Jose Dolores Ramirez-Maldonado pleaded guilty to illegal reentry of a removed alien. He was sentenced to 84 months in prison, above the advisory range of 46 to 57 months. The district court justified the sentence as a variance under 18 U.S.C. § 3553(a) or a departure from the Guidelines.

Ramirez-Maldonado argues that his 84-month sentence is substantively unreasonable because his convictions for aggravated robbery and murder were used to calculate both his offense level and criminal history. With respect to his specific double-counting argument, Ramirez-Maldonado has not shown any error, as courts may consider factors already accounted for by the Guidelines in determining a sentence outside the recommended range. See United States v. Brantley, 537 F.3d 347, 349-50 (5th Cir. 2008). We defer to the district court’s decision that the § 3553(a) factors justify the extent of the upward variance. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Ramirez-Maldonado’s arguments amount to a mere disagreement with the district court and do not warrant reversal. See id.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *299 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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