Documente Academic
Documente Profesional
Documente Cultură
No. 13-4130
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:11-cr-00136-RJC-1)
Submitted:
PER CURIAM:
Juan Michael Vargas-Torres (a native and citizen of
Mexico)
illegally
pled
guilty,
without
reentering
the
written
United
plea
States
agreement,
subsequent
to
to
a
combined
with
history
category
of
III,
his
the
of
50
district
months
court
imposed
imprisonment.
within-Guidelines
Vargas-Torres
appeals,
(2007).
requires
This
review
consideration
of
both
the
Id.;
see United States v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010).
In determining the procedural reasonableness of a sentence, this
court considers whether the district court properly calculated
the
defendants
Guidelines
range,
treated
the
Guidelines
as
any
arguments
presented
2
by
the
parties,
and
sentence
imposed
within
the
properly
calculated
States,
551
U.S.
338,
347
(2007);
United
Rita v.
States
v.
concedes
that
the
district
court
We disagree.
of
several
relevant
3553(a)
factors:
his
of
for
the
the
deterrence.
current
law,
offense,
provide
Moreover,
the
just
court
and
the
need
punishment,
considered
to
and
promote
adequate
Vargas-Torres
neither
justified
Guidelines range.
departure
from
the
applicable
Accordingly, we
find
presumption
that
Vargas-Torres
cannot
overcome
the
of
with
oral
we
affirm
argument
Vargas-Torres
because
3
the
sentence.
facts
and
We
legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED