Filed: Jul. 27, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4815 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE SANTOS REDONDO ROMERO, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:18-cr-00152-MOC-DSC-1) Submitted: July 23, 2020 Decided: July 27, 2020 Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthon
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4815 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE SANTOS REDONDO ROMERO, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:18-cr-00152-MOC-DSC-1) Submitted: July 23, 2020 Decided: July 27, 2020 Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4815
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE SANTOS REDONDO ROMERO,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Max O. Cogburn, Jr., District Judge. (3:18-cr-00152-MOC-DSC-1)
Submitted: July 23, 2020 Decided: July 27, 2020
Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Martinez, Federal Public Defender, Jared P. Martin, Assistant Federal Public
Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC.,
Charlotte, North Carolina, for Appellant. R. Andrew Murray, Charlotte, North Carolina,
United States Attorney, Amy E. Ray, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Santos Redondo Romero pled guilty to illegal reentry into the United States
after having been convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a),
(b)(2) (2018), and was sentenced to a within-Guidelines term of 24 months’ imprisonment.
He appeals, raising two claims: (1) the 13-month delay between his indictment and
subsequent guilty plea violated Romero’s right to a speedy trial, and (2) the district court
abused its discretion by refusing to impose his sentence to run concurrently with, rather
than consecutively to, a state sentence for a drug trafficking offense. Finding no error, we
affirm.
“It is the general rule that when a defendant pleads guilty, he waives all
nonjurisdictional defects in the proceedings conducted prior to entry of the plea, and thus
has no non-jurisdictional ground upon which to attack that judgment except the inadequacy
of the plea.” United States v. Fitzgerald,
820 F.3d 107, 110 (4th Cir. 2016) (alterations
and internal quotation marks omitted); see also United States v. Lozano, __F.3d__,
2020
WL 3260715 (4th Cir. June 17, 2020) (No. 19-4082).
Second, Romero argues that the district court abused its discretion by declining to
impose his sentence concurrently with his state court sentence. District courts “have long
been understood to have discretion to select whether the sentences they impose will run
concurrently or consecutively with respect to other sentences that they impose, or that have
been imposed in other proceedings, including state proceedings.” Setser v. United States,
566 U.S. 231, 236 (2012). Indeed, 18 U.S.C. § 3584 (2018) grants courts discretion to run
a sentence consecutively or concurrently to an undischarged term of imprisonment, after
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considering the factors set forth in 18 U.S.C. § 3553(a) (2018). See 18 U.S.C. § 3584(a),
(b). The Guidelines also offer direction to courts when deciding whether to run a sentence
consecutively or concurrently to an undischarged term of imprisonment. See U.S.
Sentencing Guidelines Manual § 5G1.3 (2018). We have reviewed the record and find that
the district court properly considered the appropriate factors and exercised its discretion in
declining to impose Romero’s sentence concurrently with his state sentence.
Therefore, we affirm Romero’s conviction and sentence. We dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
AFFIRMED
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