USA v. Geraldo Cedeno-Reye, No. 10-15703 (11th Cir. 2011)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-15703 DECEMBER 7, 2011 Non-Argument Calendar JOHN LEY ________________________ CLERK D.C. Docket No. 6:10-cr-00171-GKS-KRS-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GERALDO ANTONIO CEDENO-REYES, a.k.a. Melvin Gomez, a.k.a. Victor Javier Ocasio Ortega, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (December 7, 2011) Before EDMONDSON, MARTIN, and ANDERSON, Circuit Judges. PER CURIAM: Saying his sentence is substantively unreasonable, Geraldo Antonio Cedeno-Reyes appeals his 39-month total sentence, imposed after pleading guilty to one count of falsely impersonating a United States citizen, in violation of 18 U.S.C. § 911 ( Count 1"), one count of falsely representing a social security number, in violation of 42 U.S.C. § 408(a)(7)(B) ( Count 2"), one count of aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) ( Count 3"), and one count of illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326(a) ( Count 4"). Briefly stated, the district court imposed its sentence because Cedeno-Reyes entered the United States after already having been deported, and used a false alias on 11 occasions in order to take advantage of everything he could. See 18 U.S.C. § 3553(a)(1), (2) (nature and circumstances of offense, history of defendant, and need for deterrence). Further, it considered Cedeno-Reyes s guilty plea and cooperation with the government. 18 U.S.C. § 3553(a)(1)(history of defendant). Cedeno-Reyes s sentence is the minimum possible sentence within the applicable Guideline range and is more than 18 years less than the maximum statutory 2 penalty of 22 years that he faced. See 8 U.S.C. § 1326(b)(2) (20-year statutory maximum); 18 U.S.C. § 1028A(a), (b) (mandatory consecutive 2-year sentence). Cedeno-Reyes has not demonstrated that the district court abused its discretion when it weighed the 18 U.S.C. § 3553(a) factors and that his sentence was, therefore, substantively reasonable. Accordingly, we affirm. AFFIRMED. 3
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