Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4393 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ABEL CARLOS ANGELES-MORALES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:18-cr-00255-FL-1) Submitted: February 28, 2020 Decided: March 5, 2020 Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior Circuit Judge. Affirmed by unpublishe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4393 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ABEL CARLOS ANGELES-MORALES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:18-cr-00255-FL-1) Submitted: February 28, 2020 Decided: March 5, 2020 Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior Circuit Judge. Affirmed by unpublished..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4393
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ABEL CARLOS ANGELES-MORALES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:18-cr-00255-FL-1)
Submitted: February 28, 2020 Decided: March 5, 2020
Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
G. Alan Dubois, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public
Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina,
for Appellant. Robert J. Higdon, Jr., United States Attorney, Jennifer P. May-Parker,
Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Abel Carlos Angeles-Morales pleaded guilty to illegally reentering the United States
after having previously been deported, in violation of 8 U.S.C. § 1326(a) (2018). The
district court sentenced Angeles-Morales to 21 months of imprisonment and he now
appeals. On appeal, Angeles-Morales argues that his sentence is procedurally unreasonable
because the district court failed to address his arguments in support of a downward
variance.
We review criminal sentences for reasonableness “under a deferential abuse-of-
discretion standard.” United States v. Lynn,
912 F.3d 212, 216 (4th Cir.) (internal
quotation marks omitted), cert. denied,
140 S. Ct. 86 (2019). “In determining procedural
reasonableness, we consider, among other things, whether the court . . . sufficiently
explained the selected sentence.”
Id. “The sentencing judge should set forth enough to
satisfy the appellate court that he has considered the parties’ arguments and has a reasoned
basis for exercising his own legal decisionmaking authority.” Rita v. United States,
551
U.S. 338, 356 (2007). Accordingly, the sentencing court must “address or consider all non-
frivolous reasons presented for imposing a different sentence and explain why he has
rejected those arguments.” United States v. Ross,
912 F.3d 740, 744 (4th Cir.), cert. denied,
140 S. Ct. 206 (2019).
We have reviewed the record and conclude that the district court sufficiently
considered Angeles-Morales’ arguments for a downward variance and adequately
explained its reasons for rejecting them. Accordingly, we affirm the judgment of the
district court. We dispense with oral argument because the facts and legal contentions are
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adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED
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