Professional Documents
Culture Documents
No. 15-4298
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:14-cr-00335-JKB-1)
Submitted:
Decided:
February 4, 2016
PER CURIAM:
Johnni
agreement,
Martinez
to
one
Gomez
count
pled
of
guilty,
reentry
of
should
be
vacated
pursuant
a
to
deported
plea
felon,
in
because:
(1)
the
16-level
rights;
the
and
(2)
totality
of
the
41-month
[his]
sentence
circumstances,
was
excessive
conduct,
prior
Finding no
error, we affirm.
We
review
outside,
or
criminal
significantly
reasonableness,
standard.
any
under
sentence,
outside
a
the
whether
Guidelines
deferential
inside,
just
range,
for
abuse-of-discretion
The
first
the
step
in
this
review
requires
us
to
ensure
that
F.3d
calculate
at
(or
283.
Procedural
improperly
errors
calculating)
include
the
King,
failing
Guidelines
to
range,
factors,
selecting
sentence
based
on
clearly
sentenceincluding
an
Guidelines range.
[I]f
party
explanation
repeats
on
for
any
appeal
deviation
claim
of
from
the
procedural
will
reverse
United
States
we
v.
instance,
review
for
Lynn,
if
592
an
abuse
F.3d
of
discretion
572,
aggrieved
576
party
(4th
and
Cir.
2010).
sufficiently
For
alerts
the
than
the
one
ultimately
unpreserved
error.
Id. at 576-77.
If,
and
non-structural
only
if,
we
imposed,
Id. at 578.
sentencing
find
the
the
However, we
errors
sentence
party
for
plain
procedurally
or
below
substantively reasonable.
calculated
Guidelines
range
is
automatically
enhance[d]
[his]
3
sentence[]
when
there
is
We reject Gomezs
argument that the district court erred when it applied the 16level violent offender enhancement to his base offense level.
First, Gomez agreed in his plea agreement and in open court
while
under
enhancement.
oath
that
he
was
subject
to
the
16-level
Gomezs
plea
challenge.
90
(4th
and
reject
his
offense
level
exceptional
pursuant
agreement
2013)
(holding
circumstances[,]
to
plea
agreement
that
absent
defendant
where
the
who
demonstrated
pleads
defendant
guilty
agrees
to
nonetheless
district court.
level
increase
discern
no
due
process
violation
by
the
defendant
illegally
reenters
the
United
of
commentary
violence,
lists
including
various
crimes
aggravated
that
assault
constitute
for
which
Notably, Gomez does not assert that his prior Texas aggravated
4
assault
conviction
2L1.2(b)(1)(A)(ii).
is
not
crime
of
violence
under
224,
(1998)
239-44
protects
the
(reiterating
accused
against
that
the
Due
conviction
Process
except
upon
Clause
proof
by
to
arguing
achieve
that
his
3553(a)s
sentence
is
objectives.
greater
than
According
to
41-month
sentence
because:
(1)
Gomez
is
being
punished
twice for the 2005 aggravated assault; (2) Gomezs reentry was
not related to unlawful activity and Gomez committed no violent
acts upon his return; (3) Gomez returned to the United States to
work and help his son and ailing mother; and (4) Gomez does not
need a harsh sentence to understand the gravity of his actions.
5
Gomezs
disagreement
sentence.
arguments
with
amount
the
district
to
little
courts
more
rationale
than
his
for
his
The
sentence
would
sufficiently
address
the
demonstrated
See 18 U.S.C.
sentence
district
court
under
Guidelines
found
was
correctly
range
that,
calculated,
although
it
the
believed
must
defer
to
the
district
courts
decision
that
the
we
discern
no
procedural
error
in
the
district
Gomez
has
failed
to
rebut
the
presumption
of