Académique Documents
Professionnel Documents
Culture Documents
No. 13-4046
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:11-cr-00152-CCE-1)
Submitted:
Decided:
PER CURIAM:
Martin
Alvarez-Yanez
appeals
the
forty-four
month
application
U.S.
of
sixteen-level
Sentencing
2L1.2(b)(1)(A)(ii)
sentencing
enhancement
Manual
(USSG)
Guidelines
(2011),
upon
finding
that
he
had
been
Finding
no error, we affirm.
In
district
reviewing
court
did
sentence,
not
commit
we
any
must
ensure
significant
that
the
procedural
range.
We
Gall
v.
United
de
novo
the
review
States,
issue
of
552
U.S.
whether
38,
a
51
prior
defendant
like
Alvarez-Yanez
who
is
convicted
of
was
increase
deported
to
his
from
the
base
offense
United
States
level
if
following
he
a
2L1.2(b)(1)(A)(ii).
Here,
2
the
district
court
applied
that
this
conviction
does
not
constitute
crime
of
upheld
an
enhancement
Cir.
under
the
very
Guideline
2013).
Alvarez-Yanezs
arguments
to
the
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