Professional Documents
Culture Documents
No. 13-4268
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-00391-NCT-1)
Submitted:
Decided:
December 4, 2013
PER CURIAM:
Juan Manuel Xutuc-Lopez pleaded guilty without a plea
agreement
to
illegal
violation
of
reentry
U.S.C.
by
1326(a),
an
aggravated
(b)(2)
felon,
in
and
was
(2012),
On appeal, Xutuc-Lopez
We affirm.
is
likely
to
Guidelines
to
that
be
deported
Manual
provision
post-imprisonment.
(USSG)
suggests
5D1.1(c)
the
reason
U.S.
(2012).
for
this
Id.
prior
felony
conviction
and
the
fact
that
he
plain
error
review
strictly
circumscribes
our
551 U.S. 338, 356 (2007); United States v. Carter, 564 F.3d 325,
328, 330 (4th Cir. 2009).
here,
5D1.1(c)
and
See
United
concerning
States
v.
sentencing
under
Bautista-Villanueva,
3
USSG
No.
12-4828,
2013
WL
6098425,
at
*4,
*5
(4th
Cir.
Nov.
21,
2013)
(per
curiam)
erred
by
imposing
three-year
We accordingly affirm.
term
of
supervised