Académique Documents
Professionnel Documents
Culture Documents
No. 13-4120
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:10-cr-00053-MR-1)
Submitted:
Decided:
PER CURIAM:
Gerardo Villalon Hernandez pleaded guilty to illegally
reentering
the
United
States
after
having
previously
been
to
fifty-seven
months
of
imprisonment
and
he
now
sentence
unreasonable
because
the
argues
district
that
court
the
failed
to
is
explicitly
consider
sentence of probation.
applying
discretion
standard.
51
see
States,
an
abuse
552
U.S.
of
38,
(2007);
also
of
both
the
Gall
United
United
States
v.
procedural
reasonableness of a sentence.
v.
and
substantive
In this
including
failing
to
calculate
(or
improperly
failing
factors,
to
consider
selecting
the
[18
sentence
U.S.C.]
based
3553(a)
on
clearly
sentence[.]
(4th Cir. 2007); see Rita v. United States, 551 U.S. 338, 346-56
(2007)
(upholding
presumption
Guidelines sentence).
of
reasonableness
for
within-
before this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED