Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 15-4528
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap.
James P. Jones,
District Judge. (2:15-cr-00006-JPJ-PMS-1)
Submitted:
Decided:
April 7, 2016
PER CURIAM:
Margarito
Martinez-Hernandez
appeals
from
his
54-month
within
Sentencing
the
unreasonable.
Guidelines
range,
is
substantively
We affirm.
Martinez-Hernandez
contends
that
his
sentence
is
unreasonably long given his criminal history and the fact that
the fast track program is not available in the Western District
of
Virginia.
Substantive
reasonableness
is
determined
by
United States v.
We presume
that
calculated
sentence
imposed
within
the
properly
United States v.
This presumption
substantive
district
court
assessed
the
including
the
applicable
considered
and
reasonableness
rejected
of
totality
3553(a)
counsels
2
his
of
sentence.
the
factors,
arguments
The
circumstances,
and
for
explicitly
a
downward
variance.
In
rejecting
Martinez-Hernandezs
this
criminal
request,
history,
the
his
court
rapid
considered
reentry
into
In addition, we
have
argument.
rejected
Martinez-Hernandezs
fast
track
See
United States v. Perez-Pena, 453 F.3d 236, 243 (4th Cir. 2006)
(determining
districts,
that
and
the
the
lack
of
fast
availability
in
track
others,
programs
did
not
in
some
cause
an
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED