United States v. Jose Luis Aguilar-Arraiza

415 F. App'x 182

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 22, 2011
• Docket: 10-13006
• Status: Unpublished

Opinion

PER CURIAM:

Jose Luis Aguilar-Arraiza appeals the reasonableness of his sentence of imprisonment for 110 months following his plea of guilt to illegal re-entry into the United States after deportation for an aggravated felony. 8 U.S.C. § 1326(a), (b)(2). Aguilar-Arraiza’s latest conviction followed four deportations in 1974, 1977, 1996, and 2007 and several earlier convictions. We affirm.

Our review of a sentence for reasonableness is a deferential standard of review for abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007).

Aguilar-Arraiza’s sentence is reasonable. The district court correctly calculated the guideline range of 70 to 87 months and considered the statutory sentencing factors. 18 U.S.C. § 3553(a). The district court reasonably concluded that an upward variance was necessary to reflect the seriousness of the offense, promote respect for the law, provide just punishment, and afford adequate deterrence. The district court did not abuse its discretion in sen- fencing Aguilar-Arraiza to 110 months of imprisonment.

AFFIRMED.