United States v. Rene Ivan Raudales-Garay , 439 F. App'x 811 ( 2011 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-11143 ELEVENTH CIRCUIT
Non-Argument Calendar AUGUST 30, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cr-00510-TCB-AJB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RENE IVAN RAUDALES-GARAY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(August 30, 2011)
Before WILSON, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Rene Ivan Raudales-Garay appeals his sentence of imprisonment for 21
months, which was imposed after he pleaded guilty to illegally reentering the
United States after being deported. 8 U.S.C. § 1326(a). Garay argues that his
sentence below the advisory guideline range is substantively unreasonable. We
affirm.
We review a sentence for reasonableness under a deferential standard for
abuse of discretion, Gall v. United States, 552 U.S. 38, 41, 128 S. Ct. 586, 591
(2007), and the party challenging the sentence bears the burden of establishing
that it is unreasonable, United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005).
We will reverse a sentence as substantively unreasonable only if, after considering
the totality of the circumstances, we are left with the definite and firm conviction
that the district court committed a clear error of judgment in weighing the relevant
sentencing factors. United States v. Irey, 612 F.3d 1160, 1189–90 (11th Cir.
2010) (en banc), cert. denied, 131 S. Ct. 1813 (2011).
Garay’s sentence is reasonable. The eight-level enhancement of Garay’s
sentence rationally deters those who seek to reenter the United States illegally
after having committed several crimes. Garay entered the United States illegally
three times and has 11 prior convictions, including a burglary conviction. The
district court reasonably determined that, in the light of Garay’s criminal history, a
sentence of 21 months promotes deterrence, protection of the public, and respect
for the law, and it reflects the seriousness of Garay’s offense. 18 U.S.C. §
2
3553(a). Garay’s sentence is below the advisory guideline sentence of 24 months.
The district court did not abuse its discretion.
AFFIRMED.
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