Filed: Sep. 05, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4157 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AGUSTIN JERONIMO-RODAS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:13-cr-00841-RBH-1) Submitted: July 30, 2014 Decided: September 5, 2014 Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4157 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AGUSTIN JERONIMO-RODAS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:13-cr-00841-RBH-1) Submitted: July 30, 2014 Decided: September 5, 2014 Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. M..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4157
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AGUSTIN JERONIMO-RODAS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:13-cr-00841-RBH-1)
Submitted: July 30, 2014 Decided: September 5, 2014
Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael A. Meetze, Assistant Federal Public Defender, Florence,
South Carolina, for Appellant. William N. Nettles, United
States Attorney, Jimmie Ewing, Assistant United States Attorney,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Agustin Jeronimo-Rodas pled guilty pursuant to a
written plea agreement to one count of illegal reentry after
deportation in violation of 8 U.S.C. § 1326(a) (2012). The
court imposed a sentence of time served and one year of
supervised release. On appeal, Jeronimo-Rodas contends that the
district court erred by imposing a one-year term of supervised
release when he likely will be deported. For the reasons that
follow, we affirm.
We review a sentence imposed by a district court for
reasonableness, applying a deferential abuse-of-discretion
standard. United States v. Rivera–Santana,
668 F.3d 95, 100
(4th Cir. 2012). The first step in our review requires us to
ensure that the district court did not commit significant
procedural error, such as improperly calculating the Sentencing
Guidelines range, failing to consider the factors under 18
U.S.C. § 3553(a) (2012), or failing to adequately explain the
sentence. United States v. Carter,
564 F.3d 325, 328-29 (4th
Cir. 2009). We then review the sentence for substantive
reasonableness, taking into account the totality of the
circumstances. United States v. Strieper,
666 F.3d 288, 292
(4th Cir. 2012). Jeronimo-Rodas only alleges procedural error.
Jeronimo-Rodas argues that the district court erred by
imposing supervised release because he would likely be deported.
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The Sentencing Guidelines normally counsel against imposing a
term of supervised release for someone who is a deportable
alien, noting that “the court ordinarily should not impose a
term of supervised release.” U.S. Sentencing Guidelines Manual
(“USSG”) § 5D1.1(c) (2013). Nonetheless, courts are encouraged
to consider imposing a term of supervised release on a
deportable alien if the court determines that such an imposition
would provide an added measure of deterrence and protection
based on the facts and circumstances of a particular case. See
USSG § 5D1.1 comment. (n.5).
Here, the court sought an added measure of
“deterrence” given Jeronimo-Rodas’ repeated illegal reentries
into this country and his convictions for driving under the
influence and possession of cocaine base. (J.A. 75). The court
stated that “placement on supervised release will provide
further protection to the public.” (J.A. 75). Under these
circumstances, we conclude that the imposition of a term of
supervised release was not reversible error under USSG
§ 5D1.1(c). See United States v. Dominquez-Alvarado,
695 F.3d
324, 329 (5th Cir. 2012) (observing that the word “ordinarily”
in this provision is an encouragement, not a mandatory
requirement).
Accordingly, we affirm Jeronimo-Rodas’ sentence. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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