United States v. Salomon-Carrillo

102 F. App'x 3
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 27, 2004
DocketNos. 03-2277, 03-2278
StatusPublished
Cited by3 cases

This text of 102 F. App'x 3 (United States v. Salomon-Carrillo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Salomon-Carrillo, 102 F. App'x 3 (6th Cir. 2004).

Opinion

ORDER

Onesimo Salomon-Carrillo appeals from his judgments of conviction and sentence for illegally reentering the United States and for violating the terms of his previous supervised release. These cases have been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

By way of background, Salomon-Carrillo lived legally in the United States until he was deported in 1999 following a drunk driving conviction. Thereafter, in May 1999, he was sentenced to eighteen months of imprisonment and three years of supervised release for attempting to enter the United States after being deported. He was deported again following completion of the sentence. In June 2000, Salomon-Carrillo’s period of supervised release commenced.

In June 2003, Salomon-Carrillo pleaded guilty to being in the United States without permission after being deported subsequent to a felony conviction in violation of 8 U.S.C. § 1326(a). The court sentenced him to twenty-four months of imprisonment. On that same day, the district court held a supervised release violation hearing, and Salomon-Carrillo pleaded guilty to violating the terms of his supervised release by returning to the United States and by committing another crime. The district court sentenced Salomon-Carrillo to twenty-one months of imprisonment and ordered the sentence to run consecutive to his sentence for his new illegal reentry conviction. Salomon-Carrillo filed timely appeals from his conviction for illegally reentering the United States (Case No. 03-2277) and from his conviction for the supervised release violations (Case No. 03-2278).

On December 17 and 22, 2003, SalomonCarrillo’s counsel filed motions to withdraw his representation pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). SalomonCarrillo has not filed a timely response to counsel’s motions. Nonetheless, in February 2003, Salomon-Carrillo filed a motion to remand the case to the district court. Case No. 03-2277

In this case, counsel submits the following issues for review: 1) whether Salo[6]*6mon-Carrillo entered a valid guilty plea; and 2) whether the district court properly sentenced Salomon-Carrillo.

Upon review, we conclude that Salomon-Carrillo entered a valid guilty plea. See North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); Brady v. United States, 397 U.S. 742, 749, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). Salomon-Carrillo consented to permitting a magistrate judge to conduct the change of plea hearing. The record reflects that, during Salomon-Carrillo’s plea hearing, the magistrate judge explained the rights that he was waiving, determined that he had not been forced or pressured into pleading guilty, and explained the potential penalty associated with the guilty plea, including supervised release. The magistrate judge also determined that SalomonCarrillo understood the indictment to which he was pleading guilty. In addition, Salomon-Carrillo acknowledged his guilt to the crime charged.

We also conclude that the district court properly sentenced Salomon-Carrillo. A defendant may only seek review of his sentence on the grounds that: 1) the sentence was imposed in violation of law; 2) the sentence was imposed as a result of an incorrect application of the guidelines; 3) the sentence represented an upward departure from the applicable guidelines range; or 4) the sentence is a plainly unreasonable sentence imposed for an offense for which there is no sentencing guidelines. See 18 U.S.C. § 3742(a); United States v. Lively, 20 F.3d 193, 196-97 (6th Cir.1994); United States v. Lavoie, 19 F.3d 1102, 1103 (6th Cir.1994).

Salomon-Carrillo has not presented any issue which flits these criteria. SalomonCarrillo’s total offense level was 10, his Criminal History Category score was VI, and the resulting guidelines range was 24-30 months. Thus, Salomon-Carrillo’s sentence of twenty-four months was within the applicable guidelines range.

Additionally, we have reviewed the record and discovered no error warranting reversal of Salomon-Carrillo’s conviction or sentence.

Case No. 03-2278

In this case, counsel submits the following issues for review: 1) whether the district court complied with Fed.R.Crim.P. 32 during Salomon-Carrillo’s supervised release violation hearing; and 2) whether the district court properly sentenced SalomonCarrillo.

Upon review, we conclude that the district court properly conducted SalomonCarrillo’s supervised release hearing. This court reviews a district court’s action regarding supervised release for an abuse of discretion. United States v. Cofield, 233 F.3d 405, 406 (6th Cir.2000). In order to revoke supervised release, the sentencing court must find by a preponderance of the evidence that a defendant has violated a condition of his supervised release. Id.

A review of the record clearly reflects that Salomon-Carrillo violated the terms of his supervised release. During the revocation hearing, Salomon-Carrillo testified that he had read the supervised release violation report, and that he had reviewed the report with his attorney. In addition, Salomon-Carrillo acknowledged that he had violated the terms of his supervised release by illegally reentering the United States and by committing another federal crime. Hence, the district court properly concluded that the preponderance of the evidence established that Salomon-Carrillo had violated the terms of his supervised release.

We also conclude that the district court properly sentenced Salomon-Carrillo. This court “will affirm a district [7]*7court’s sentence of imprisonment upon revocation of supervised release if it shows consideration of the relevant statutory factors and is not plainly unreasonable.” United States v. McClellan, 164 F.3d 308, 309 (6th Cir.1999). The policy statements contained in Chapter Seven of the guidelines are merely advisory and the district court need only consider them before imposing sentence upon revocation of supervised release. Id. at 310. In addition to consideration of the policy statements, the district court’s sentence must reflect consideration of the factors listed in 18 U.S.C. § 3553. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
102 F. App'x 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-salomon-carrillo-ca6-2004.