Professional Documents
Culture Documents
No. 12-4640
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:12-cr-00037-REP-1)
Submitted:
Decided:
PER CURIAM:
Jesus
Sanchez-Mendez
pled
guilty
without
plea
(b)(2)
(2006).
He
was
sentenced
to
thirty-six
We affirm.
I
We review a sentence for reasonableness, applying an
abuse-of-discretion standard.
38, 51 (2007); United States v. King, 673 F.3d 274, 283 (4th
Cir.), cert. denied, 133 S. Ct. 216 (2012).
We first examine
at 51.
we
then
will
consider
the
substantive
reasonableness
of
the
we
harmless.
reverse
unless
we
conclude
that
If we find such
the
error
was
2010).
However,
unpreserved
non-structural
sentencing
errors
Id. at 576-77.
II
Sanchez-Mendezs total offense level was 13, and his
criminal
24-30
history
category
months.
was
The
IV,
for
district
Guidelines
court
range
determined
of
that
IV
substantially
under-represented
assigned
criminal
history
Sanchez-Mendezs
Sanchez-Mendez
had
had
continued
to
commit
crimes
despite
having
received
sentencing
months
in
Sanchez-Mendez
prison,
the
3
within
court
this
considered
range
to
the
18
U.S.C.A. 3553(a)
other
things,
(West
the
2000
court
&
Supp.
stated
that
2012)
the
factors.
selected
Among
sentence
reflected the defendants lack of respect for the law, the need
to deter similar conduct by others, the need to protect the
public from his criminal behavior, and the need to prevent his
again entering this country illegally.
Because Sanchez-Mendez requested a sentence below the
original
Guidelines
range,
he
adequately
preserved
his
claim
When,
the
sentencing
range.
United
States
v.
The
v.
(quoting
Diosdado-Star,
Rita
v.
United
630
F.3d
States,
(brackets omitted).
359,
551
364
U.S.
(4th
338,
United
Cir.
356
2011)
(2007))
Our
district
review
court
Sanchez-Mendez
did
explained
the
record
abuse
thirty-six
Sanchez-Mendezs
criminal
the
not
to
by
of
its
history
discretion
months
district
prior
convinces
in
court,
offenses
category
not
was
that
in
the
sentencing
prison.
at
were
us
First,
as
least
five
of
counted
when
his
determined,
and
Cir
2003).
recidivism.
Additionally,
Therefore,
the
there
decision
was
to
likelihood
depart
was
of
proper.
673
reasonable
F.3d
3553(a)
as
at
it
factors
284
was
(concluding
adequately
that
the
upward
supported
court
variant
by
determined
See
sentence
reference
to
required
the
upward
variant
sentence
six
years
longer
than
III
Sanchez-Mendez
contends
that
the
three-year
term
of
First, he
term
of
supervised
release
is
not
deportable
that
required
alien
imprisonment.
the
who
by
in
statute
likely
courts
supervised
Sanchez-Mendez
did
in
and
the
which
supervised
defendant
be
deported
is
after
explanation
release
not
case
will
USSG 5D1.1(c).
district
imposing
release
was
object
of
its
reasons
inadequate.
to
imposition
for
Because
of
term
of
F.3d at 576-77.
We identify no such error in this case.
Guideline
does
not
prohibit
the
imposition
Notably, the
of
term
of
district
court
did
not
abuse
its
discretion
in
imposing
release,
it
is
arguable
that
the
court
was
not
of
the
3553(a)
factors
that
the
court
In any event,
mentioned
in
of
the
supervised
release
6
term.
As
previously
discussed, the court considered the particular facts of SanchezMendezs case and found that an added measure of deterrence was
needed to keep him from again illegally entering this country
and to protect the public from his propensity to break the law.
Because the court expressly considered the circumstances of the
case in determining the supervised release term, we hold that
the courts explanation was adequate, especially on plain error
review.
IV
We accordingly affirm.