Professional Documents
Culture Documents
Unpublished
Unpublished
No. 15-4161
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:14-cr-00076-BR-1)
Submitted:
Decided:
March 8, 2016
PER CURIAM:
Sergio
United
Garza
States
pleaded
after
guilty
having
to
been
illegally
removed
reentering
following
the
felony
district
Guidelines
appeals.
court
range
to
sentenced
27
Garza
months
of
within
the
imprisonment
advisory
and
he
now
the
sentence.
applying
States,
an
552
abuse
U.S.
We
review
of
discretion
standard.
51
see
38,
sentence
(2007);
for
also
reasonableness,
Gall
United
v.
United
States
v.
In so doing, we
consider
selecting
the
[18
sentence
U.S.C.]
based
on
3553(a)
clearly
[(2012)]
erroneous
at
51.
sentencing,
In
a
conducting
district
court
an
individualized
must
respond
to
factors,
facts,
Gall, 552
assessment
the
or
at
parties
We will presume
F.3d 178, 193 (4th Cir. 2007); see Rita v. United States, 551
U.S. 338, 346-56 (2007) (upholding presumption of reasonableness
for within-Guidelines sentence).
Garza argues that the district court erroneously determined
that it could not depart or vary from the Guidelines range based
on the unavailability of a fast track, or early disposition,
program.
Such
programs
provide
for
departure
in
illegal
moves
Guidelines
Manual
for
5K3.1
departure.
(2015).
See
Here,
the
U.S.
court
Sentencing
erred
in
not
conclude
have
that
departed
the
under
sentence
is
that
section.
Therefore,
we
procedurally
reasonable;
we
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED