USA v. Jose Cortes-Pacheco, No. 09-10757 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 09-10757 Non-Argument Calendar ________________________ July 14, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 08-00478-CR-T-23-TGW UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE CORTES-PACHECO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 14, 2009) Before BLACK, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Jose Cortes-Pacheco appeals his sentence to 20 months of imprisonment following his plea of guilty to reentering the United States illegally after three previous deportations. Cortes-Pacheco argues that his sentence is unreasonable. We affirm. The district court did not abuse its discretion by imposing a sentence above the guideline range. The district court correctly calculated the advisory guideline range of zero to six months of imprisonment and found that a sentence within that range would be ineffective based on Cortes-Pacheco s repeated and apparently inexcusable repetitive reentries into this country[.] The district court considered the sentencing factors and found that a variance above the guideline range was necessary to address Cortes-Pacheco s recidivism and deter him and those similarly situated that this sort of repetitious and reckless behavior and defiance of established law [was] unacceptable. The statutory maximum sentence of imprisonment for illegal reentry is two years. 8 U.S.C. § 1326(a). CortesPacheco s sentence of 20 months of imprisonment is reasonable. Cortes-Pacheco s sentence is AFFIRMED. 2

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