Professional Documents
Culture Documents
No. 13-4283
Castanada-
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:12-cr-00390-NCT-1)
Submitted:
Decided:
November 8, 2013
PER CURIAM:
Florentino Castaneda-Pelaez, a native and citizen of
Mexico, appeals his 24-month sentence imposed upon his guilty
plea to re-entering the United States after previously being
deported, 8 U.S.C. 1326 (2006).
We disagree and
was
first
deported
from
the
United
and
involving
was
convicted
family
of
members.
three
In
separate
1998,
violent
offenses
Castaneda-Pelaez
was
Castaneda-Pelaez was
He was arrested in
plea agreement.
Based on a total offense level of 10 and a criminal
history category of III, Castaneda-Pelaezs advisory Guidelines
2
review
sentences
for
abuse-of-discretion
552
U.S.
38,
41,
reasonableness
standard.
51
(2007).
Gall
This
under
v.
review
United
entails
reasonableness,
court
properly
this
Id. at 51.
court
calculated
In determining
considers
the
whether
defendants
the
advisory
appropriate
sentence,
considered
the
18
U.S.C.
3553(a)
Id.
this
Court
reviews
it
for
substantive
reasonableness,
Id.
at 51.
When rendering a sentence, the district court must
make an individualized assessment based on the facts presented,
United
States
(internal
v.
Carter,
quotation
marks
564
F.3d
and
325,
emphasis
328
(4th
omitted),
Cir.
and
2009)
must
review
sentencing.
and
to
promote
the
perception
of
fair
An extensive explanation is
reasoned
basis
for
decisionmaking authority.
exercising
[its]
own
legal
495, 500 (4th Cir. 2010) (quoting Rita v. United States, 551
U.S. 338, 356 (2007)).
that
falls
outside
of
applicable
Guidelines
range,
this
F.3d
832,
837
(4th
Cir.
2010)
Rita
v.
United
didnt
district
court
dissuade
adequately
his
return.
explained
We
the
find
that
the
above-Guidelines
Accordingly, we affirm.
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED