Filed: Oct. 24, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4126 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ROBLERO-MENDEZ, a/k/a Francisco Redon Roblero, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:16-cr-00064-FL-1) Submitted: October 18, 2018 Decided: October 24, 2018 Before MOTZ and KING, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4126 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ROBLERO-MENDEZ, a/k/a Francisco Redon Roblero, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:16-cr-00064-FL-1) Submitted: October 18, 2018 Decided: October 24, 2018 Before MOTZ and KING, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-4126
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN ROBLERO-MENDEZ, a/k/a Francisco Redon Roblero,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. Louise W. Flanagan, District Judge. (7:16-cr-00064-FL-1)
Submitted: October 18, 2018 Decided: October 24, 2018
Before MOTZ and KING, Circuit Judges, and TRAXLER, 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Affirmed by unpublished per curiam opinion.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,
Kristine L. Fritz, Assistant United States Attorneys, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Juan Roblero-Mendez pleaded guilty to illegal reentry, in violation of 8 U.S.C.
§ 1326(a), (b)(1) (2012). The district court sentenced Roblero-Mendez to 27 months of
imprisonment and he now appeals. Finding no error, we affirm.
On appeal, Roblero-Mendez argues that the sentence is substantively
unreasonable. We review a sentence for reasonableness, applying an abuse of discretion
standard. Gall v. United States,
552 U.S. 38, 41 (2007); see also United States v. White,
810 F.3d 212, 229 (4th Cir. 2016). In so doing, we examine the sentence for “significant
procedural error,” including “failing to calculate (or improperly calculating) the
Guidelines range, treating the Guidelines as mandatory, failing to consider the [18
U.S.C.] § 3553(a) [(2012)] factors, selecting a sentence based on clearly erroneous facts,
or failing to adequately explain the chosen sentence.”
Gall, 552 U.S. at 51. We then
review the substantive reasonableness of the sentence. “Any sentence that is within or
below a properly calculated Guidelines range is presumptively reasonable.”
White, 810
F.3d at 230 (internal quotation marks omitted).
Here, Roblero-Mendez has not challenged the district court’s calculation of the
Guidelines range, consideration of that range or the statutory factors, or explanation for
the sentence on appeal. With respect to the substantive reasonableness of the sentence,
we have reviewed the record and conclude that Roblero-Mendez has failed to overcome
the presumption of reasonableness applied to his within-Guidelines sentence.
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Accordingly, we affirm the judgment of the district court. 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 in the decisional process.
AFFIRMED
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