Académique Documents
Professionnel Documents
Culture Documents
No. 12-4460
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:11-cr-00608-CCB-1)
Submitted:
Decided:
June 6, 2013
PER CURIAM:
Dagoberto
agreement,
to
Tiznado
illegal
pled
reentry
guilty,
pursuant
following
to
conviction
plea
for
an
The
district
court
calculated
Tiznados
advisory
upward
variance,
imprisonment.
and
He appeals.
sentenced
Tiznado
to
fifty
months
challenges
Tiznados
sentence.
Although
advised
of
his
review
the
district
courts
sentence,
whether
standard.
of
examine
the
United
the
under
deferential
abuse-of-discretion
standard
under
review
involves
sentence
second,
States
v.
we
for
steps;
significant
review
Pauley,
two
511
the
under
procedural
substance
F.3d
468,
the
473
of
This
first,
errors,
the
(4th
we
and
sentence.
Cir.
2007)
Significant procedural
Guidelines
range,
treating
2
the
Guidelines
as
mandatory,
sentence
based
on
clearly
erroneous
facts,
or
Gall,
Id.
to
its
decision
respect
to
the
extent
range.
of
to
impose
the
such
divergence
sentence
from
the
and
with
sentencing
Id.
range,
the
hearing
opportunity
that
an
upward
argument
to
from
allocute
variance
under
counsel,
the
and
district
3553(a)
to
giving
court
fifty
the
sentence
to
afford
adequate
3
deterrence,
18
U.S.C.
sentencing
for
the
earlier
conviction
that
he
would
not
our
decision
to
defer
to
the
district
courts
United States
reasonableness
of
variance
sentence
six
years
courts
examination
of
relevant
3553(a)
factors),
cert. denied, 131 S. Ct. 2946 (2011); see also United States v.
Angle, 598 F.3d 352, 359 (7th Cir. 2010) (All that matters is
that
the
sentence
imposed
be
reasonable
in
relation
to
the
Counsels
This court
If
Tiznado
requests
that
4
petition
be
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED