Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 14-4043
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:13-cr-00340-RWT-1)
Submitted:
Decided:
July 3, 2014
PER CURIAM:
Hector Daniel Villanueva-Cortes pleaded guilty to one
count of reentry of a deported alien, in violation of 8 U.S.C.
1326 (2012).
to
eighteen
months
imprisonment,
which
included
an
upward
He appeals, claiming
that the district court improperly relied upon the need to avoid
unwarranted sentence disparities when it varied upward.
U.S.C. 3553(a)(6) (2012).
See 18
err, we affirm.
We
review
deferential
States,
sentence
abuse-of-discretion
for
552
U.S.
38,
41,
reasonableness
standard.
51
(2007).
Gall
This
under
v.
review
United
entails
reasonableness,
court
properly
range,
gave
appropriate
calculated
the
parties
sentence,
we
Id. at 51.
consider
whether
the
defendants
an
opportunity
considered
the
In determining
18
the
advisory
to
Guidelines
argue
U.S.C.
district
for
3553(a)
an
Id.
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
564
marks
F.3d
and
325,
328
emphasis
(4th
omitted),
Cir.
2009)
and
must
review
sentencing.
and
to
promote
the
district
court
sentence,
it
imposes
must
an
above,
place
on
perception
of
fair
the
or
record
within-Guidelines
an
individualized
564
F.3d
at
330
(internal
quotation
marks
omitted).
to
impose
such
sentence
and
with
respect
v.
Hernandez-Villanueva,
473
F.3d
118,
123
to
the
United
(4th
Cir.
3553(a)(6)
to
sentencing factors.
factor
and
to
that
factor
conclude
that
exclusion
of
the
other
statutory
related
why
the
Villanueva-Cortes
the
supported
court
did
an
not
individual
upward
circumstances
variance.
improperly
rely
We
also
upon
the
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