USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-4136
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERTO HERNANDEZ-ALDAMA, a/k/a Carlos Aldama, a/k/a Milton Ballardo- Ulvera, a/k/a Abel Camps, a/k/a Yonny Campos, a/k/a Felix Garcia-Agosto, a/k/a Jesus Gonzalez, a/k/a Robert Hernandez, a/k/a Carlos Mesa, a/k/a Roberto Olvera, a/k/a Milton Ulvera,
Defendant - Appellant.
No. 23-4140
ROBERTO HERNANDEZ-ALDAMA, a/k/a Feliz Junior Agosto-Garcia,
Appeals from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:18-cr-00124-BO-1; 7:18-cr-00123- BO-3) USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 2 of 6
Submitted: February 3, 2025 Decided: February 25, 2025
Before AGEE and THACKER, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Jorgelina E. Araneda, ARANEDA & STROUD LAW GROUP, Raleigh, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Jaren E. Kelly, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 3 of 6
PER CURIAM:
Roberto Hernandez-Aldama pled guilty to two separate indictments: one charged
him with illegal reentry of an alien removed subsequent to a felony conviction, in violation
of 8 U.S.C. § 1326(a)(1), (b)(1), and the other charged him with conspiracy to distribute
and possess with intent to distribute five kilograms or more of cocaine, in violation of
21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. During the initial sentencing hearing, the district
court overruled Hernandez-Aldama’s objections to the drug weight attributed to him and
to his criminal history score and sentenced him to 120 months’ imprisonment for the illegal
reentry conviction and to 180 months’ imprisonment for the drug trafficking conspiracy
conviction, with the sentences running concurrently.
In his first appeal, Hernandez-Aldama challenged the procedural reasonableness of
his sentence, arguing that the district court erred in its calculation of the drug weight and
by failing to explain its sentence and the reasons for rejecting his arguments in support of
a lesser sentence. We agreed with the district court’s resolution of the drug weight issue
but concluded that the district court’s explanation was deficient. As for the remedy, we
rejected the Government’s proposal that we remand solely for the district court to provide
a more thorough explanation. Instead, consistent with our precedent, we vacated
Hernandez-Aldama’s sentence and remanded for resentencing.
During the resentencing hearing, Hernandez-Aldama resurrected his challenges to
his criminal history score, including his argument that he should not be assigned two points
under U.S. Sentencing Guidelines Manual § 4A1.1(d) (2018) for committing his illegal
reentry offense while under a criminal justice sentence. In response, the Government
3 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 4 of 6
misrepresented our opinion, stating that we had “overruled” all of Hernandez-Aldama’s
objections to the Guidelines and remanded “solely” for a more thorough explanation. The
district court accepted the Government’s interpretation and concluded that its prior rulings
on Hernandez-Aldama’s objections to his criminal history score were binding. After
listening to the parties’ arguments regarding the appropriate sentence in light of the
18 U.S.C. § 3553(a) factors and to Hernandez-Aldama’s allocution, the district court
sentenced Hernandez-Aldama to 120 months’ imprisonment for the illegal reentry
conviction and to 170 months’ imprisonment for the drug trafficking conspiracy
In these consolidated appeals, Hernandez-Aldama argues that his sentence is
procedurally unreasonable because the district court improperly added two points to his
criminal history score under § 4A1.1(d) and that he may raise this argument now because
we remanded for a full resentencing hearing. The Government responds that Hernandez-
Aldama waived this argument by failing to raise it in his first appeal. Alternatively, the
Government contends that the district court did not err by adding two points under
§ 4A1.1(d) and that, in any event, any error was harmless.
“We review a district court’s interpretation of the mandate rule de novo.” United
States v. Alston, 722 F.3d 603, 606 (4th Cir. 2013). The mandate “rule operates as a
specific application of the law of the case doctrine,” “govern[ing] what issues the lower
court is permitted to consider on remand.” United States v. Cannady, 63 F.4th 259, 266
(4th Cir. 2023) (internal quotation marks omitted). Subject to exceptions not relevant here,
see id. at 267, the mandate rule requires the lower court “to carry the mandate of the upper
4 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 5 of 6
court into execution” and “bars [the] lower court from considering the questions which the
mandate laid at rest,” United States v. Ventura, 864 F.3d 301, 308 (4th Cir. 2017) (alteration
and internal quotation marks omitted). Additionally, “[t]he lower court . . . may not rehash
issues that it previously decided but were abandoned on appeal or otherwise waived.”
Cannady, 63 F.4th at 266 (internal quotation marks omitted).
“But if [our] mandate instructs or permits reconsideration of sentencing issues on
remand, the district court may consider the issue de novo, entertaining any relevant
evidence on that issue that it could have heard at the first hearing.” Id. at 266-67 (internal
quotation marks omitted). Accordingly, “when an appellate court sets aside a defendant’s
entire sentence and remands for a de novo resentencing pursuant to a general mandate, the
district court on resentencing is not bound by its prior consideration of the case.” Alston,
722 F.3d at 607 (alteration and internal quotation marks omitted).
Contrary to the Government’s representation to the district court, we did not remand
solely for a more thorough explanation for the sentence but vacated Hernandez-Aldama’s
entire sentence and remanded for a de novo resentencing. In fact, we explicitly declined
the Government’s proposal to remand solely for the district court to provide reasons for the
sentence and for rejecting Hernandez-Aldama’s arguments for a lesser sentence.
Nevertheless, we conclude that any error in the district court’s understanding of the scope
of its discretion during the resentencing hearing was harmless. See United States v. Susi,
674 F.3d 278, 283-85 (4th Cir.
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USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-4136
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERTO HERNANDEZ-ALDAMA, a/k/a Carlos Aldama, a/k/a Milton Ballardo- Ulvera, a/k/a Abel Camps, a/k/a Yonny Campos, a/k/a Felix Garcia-Agosto, a/k/a Jesus Gonzalez, a/k/a Robert Hernandez, a/k/a Carlos Mesa, a/k/a Roberto Olvera, a/k/a Milton Ulvera,
Defendant - Appellant.
No. 23-4140
ROBERTO HERNANDEZ-ALDAMA, a/k/a Feliz Junior Agosto-Garcia,
Appeals from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:18-cr-00124-BO-1; 7:18-cr-00123- BO-3) USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 2 of 6
Submitted: February 3, 2025 Decided: February 25, 2025
Before AGEE and THACKER, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Jorgelina E. Araneda, ARANEDA & STROUD LAW GROUP, Raleigh, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Jaren E. Kelly, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 3 of 6
PER CURIAM:
Roberto Hernandez-Aldama pled guilty to two separate indictments: one charged
him with illegal reentry of an alien removed subsequent to a felony conviction, in violation
of 8 U.S.C. § 1326(a)(1), (b)(1), and the other charged him with conspiracy to distribute
and possess with intent to distribute five kilograms or more of cocaine, in violation of
21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. During the initial sentencing hearing, the district
court overruled Hernandez-Aldama’s objections to the drug weight attributed to him and
to his criminal history score and sentenced him to 120 months’ imprisonment for the illegal
reentry conviction and to 180 months’ imprisonment for the drug trafficking conspiracy
conviction, with the sentences running concurrently.
In his first appeal, Hernandez-Aldama challenged the procedural reasonableness of
his sentence, arguing that the district court erred in its calculation of the drug weight and
by failing to explain its sentence and the reasons for rejecting his arguments in support of
a lesser sentence. We agreed with the district court’s resolution of the drug weight issue
but concluded that the district court’s explanation was deficient. As for the remedy, we
rejected the Government’s proposal that we remand solely for the district court to provide
a more thorough explanation. Instead, consistent with our precedent, we vacated
Hernandez-Aldama’s sentence and remanded for resentencing.
During the resentencing hearing, Hernandez-Aldama resurrected his challenges to
his criminal history score, including his argument that he should not be assigned two points
under U.S. Sentencing Guidelines Manual § 4A1.1(d) (2018) for committing his illegal
reentry offense while under a criminal justice sentence. In response, the Government
3 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 4 of 6
misrepresented our opinion, stating that we had “overruled” all of Hernandez-Aldama’s
objections to the Guidelines and remanded “solely” for a more thorough explanation. The
district court accepted the Government’s interpretation and concluded that its prior rulings
on Hernandez-Aldama’s objections to his criminal history score were binding. After
listening to the parties’ arguments regarding the appropriate sentence in light of the
18 U.S.C. § 3553(a) factors and to Hernandez-Aldama’s allocution, the district court
sentenced Hernandez-Aldama to 120 months’ imprisonment for the illegal reentry
conviction and to 170 months’ imprisonment for the drug trafficking conspiracy
In these consolidated appeals, Hernandez-Aldama argues that his sentence is
procedurally unreasonable because the district court improperly added two points to his
criminal history score under § 4A1.1(d) and that he may raise this argument now because
we remanded for a full resentencing hearing. The Government responds that Hernandez-
Aldama waived this argument by failing to raise it in his first appeal. Alternatively, the
Government contends that the district court did not err by adding two points under
§ 4A1.1(d) and that, in any event, any error was harmless.
“We review a district court’s interpretation of the mandate rule de novo.” United
States v. Alston, 722 F.3d 603, 606 (4th Cir. 2013). The mandate “rule operates as a
specific application of the law of the case doctrine,” “govern[ing] what issues the lower
court is permitted to consider on remand.” United States v. Cannady, 63 F.4th 259, 266
(4th Cir. 2023) (internal quotation marks omitted). Subject to exceptions not relevant here,
see id. at 267, the mandate rule requires the lower court “to carry the mandate of the upper
4 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 5 of 6
court into execution” and “bars [the] lower court from considering the questions which the
mandate laid at rest,” United States v. Ventura, 864 F.3d 301, 308 (4th Cir. 2017) (alteration
and internal quotation marks omitted). Additionally, “[t]he lower court . . . may not rehash
issues that it previously decided but were abandoned on appeal or otherwise waived.”
Cannady, 63 F.4th at 266 (internal quotation marks omitted).
“But if [our] mandate instructs or permits reconsideration of sentencing issues on
remand, the district court may consider the issue de novo, entertaining any relevant
evidence on that issue that it could have heard at the first hearing.” Id. at 266-67 (internal
quotation marks omitted). Accordingly, “when an appellate court sets aside a defendant’s
entire sentence and remands for a de novo resentencing pursuant to a general mandate, the
district court on resentencing is not bound by its prior consideration of the case.” Alston,
722 F.3d at 607 (alteration and internal quotation marks omitted).
Contrary to the Government’s representation to the district court, we did not remand
solely for a more thorough explanation for the sentence but vacated Hernandez-Aldama’s
entire sentence and remanded for a de novo resentencing. In fact, we explicitly declined
the Government’s proposal to remand solely for the district court to provide reasons for the
sentence and for rejecting Hernandez-Aldama’s arguments for a lesser sentence.
Nevertheless, we conclude that any error in the district court’s understanding of the scope
of its discretion during the resentencing hearing was harmless. See United States v. Susi,
674 F.3d 278, 283-85 (4th Cir. 2012) (reviewing district court’s interpretation of mandate
for harmlessness). We vacated Hernandez-Aldama’s sentence and remanded for
resentencing because the district court’s explanation for his sentence was deficient, and
5 USCA4 Appeal: 23-4140 Doc: 27 Filed: 02/25/2025 Pg: 6 of 6
reconsideration of his criminal history score was not necessary to correct that deficiency
or to effectuate the district court’s original sentencing intent. See id.at 285 (explaining that
“[t]he error requiring resentencing was unrelated to the Sentencing Guidelines calculation,
and the § 3553(a) assessment is a separate part of the sentencing process, occurring after
the Guidelines range is established”).
In any event, we agree with the Government that any error in the district court’s
application of the two points under § 4A1.1(d) was harmless. The district court calculated
a criminal history score of 12 after adding two points under § 4A1.1(d) to the 10 points for
Hernandez-Aldama’s prior sentences. The Guidelines prescribe a criminal history category
of V for offenders with 12 criminal history points, but the Guidelines also prescribe a
criminal history category of V for offenders with 10 criminal history points. See USSG
ch. 5, pt. A (sentencing table). Accordingly, subtracting two points from Hernandez-
Aldama’s criminal history score would result in the same criminal history category,
rendering any error harmless. See United States v. Martin, 378 F.3d 353, 359
(4th Cir. 2004) (concluding that district court incorrectly calculated defendant’s criminal
history score but that “error was harmless” because “offenders with four or five criminal
history points are both classified as Category III offenders, leaving the applicable guideline
range unchanged” (citation omitted)).
Accordingly, we affirm the district court’s judgment. 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