United States v. Pedro Villalona-Torres ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4843
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PEDRO VILLALONA-TORRES, a/k/a Pretty Boy,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paul W. Grimm, District Judge. (8:14-cr-00217-PWG-2)
Submitted: November 19, 2020 Decided: November 23, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Justin Eisele, SEDDIQ LAW FIRM, Rockville, Maryland, for Appellant. Robert K. Hur,
United States Attorney, Baltimore, Maryland, Gregory Bernstein, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Pedro Villalona-Torres pled guilty, without a plea agreement, to conspiracy to
distribute and possess with intent to distribute five kilograms or more of cocaine, in
violation of 21 U.S.C. § 846, and possession with intent to distribute a controlled substance,
in violation of 21 U.S.C. § 841(a)(1). The district court imposed a below-Guidelines
sentence of 100 months’ imprisonment. Villalona-Torres appeals, arguing that his sentence
is both procedurally and substantively unreasonable. Finding no error, we affirm.
We review Villalona-Torres’ sentence for reasonableness, applying “a deferential
abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). We first
ensure that the court “committed no significant procedural error,” such as improperly
calculating the Guidelines range, failing to consider the 18 U.S.C. § 3553(a) factors, or
inadequately explaining the sentence. United States v. Lynn, 592 F.3d 572, 575 (4th Cir.
2010) (internal quotation marks omitted). If we find the sentence procedurally reasonable,
we also review its substantive reasonableness under “the totality of the circumstances.”
Gall, 552 U.S. at 516. We presume that a sentence within or below the Guidelines range
is substantively reasonable. United States v. Zelaya, 908 F.3d 920, 930 (4th Cir. 2018)
(citation omitted). Villalona-Torres can only rebut the presumption by showing that the
sentence is unreasonable when measured against the § 3553(a) factors. United States v.
Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
Villalona-Torres first argues that the district court abused its discretion by denying
him a reduction for acceptance of responsibility. U.S. Sentencing Guidelines Manual,
§ 3E1.1 (2015). Because the district court properly assessed a two-level enhancement for
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obstruction of justice, USSG § 3C1.1, Villalona-Torres was not eligible for a reduction for
acceptance of responsibility except in “extraordinary cases.” USSG § 3E1.1 cmt. n. 4. We
find that Villalona-Torres cannot make this showing. Next, Villalona-Torres asserts that
the district court failed to consider all of his non-frivolous sentencing arguments. We have
reviewed the transcript of Villalona-Torres’ sentencing hearing and find that this argument
is unsupported by the record. The court properly evaluated the relevant 18 U.S.C.
§ 3553(a) factors, considered the parties’ arguments, and adequately explained its reasons
for determining that a 100-month term was appropriate. We conclude that the district court
met its obligation to “provide a rationale tailored to the particular case at hand and adequate
to permit a meaningful appellate review,” United States v. Carter, 564 F.3d 325, 330 (4th
Cir. 2009). (internal quotation marks and citations omitted), and that Villalona-Torres’
sentence is procedurally reasonable. Finally, we find that Villalona-Torres has failed to
rebut the presumption of substantive reasonableness accorded his below-Guidelines
sentence.
Therefore, we affirm Villalona-Torres’ sentence. 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
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