USA v. Javier Rojas-Ramirez, No. 10-12809 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 10-12809 Non-Argument Calendar ________________________ ELEVENTH CIRCUIT JAN 04, 2011 JOHN LEY CLERK D.C. Docket No. 1:09-cr-00485-RWS-LTW-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER ROJAS-RAMIREZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (January 4, 2011) Before BLACK, HULL and MARTIN, Circuit Judges. PER CURIAM: Javier Rojas-Ramirez appeals his 57-month sentence imposed after he pleaded guilty to illegally re-entering the United States after deportation in violation of 8 U.S.C. § 1326(a). Rojas-Ramirez argues his bottom-of-theGuidelines-range sentence is substantively unreasonable because the sentence overstates his criminal history and overemphasizes his negative personal characteristics. After review, we affirm Rojas-Ramirez s sentence.1 Rojas-Ramirez fails to demonstrate his sentence is substantively unreasonable in light of the record and the § 3553(a) factors. In fashioning the sentence, the district court stressed Rojas-Ramirez's recidivist violation of U.S. immigration law, Rojas-Ramirez's violence toward his family, and the need for a "serious penalty" to deter repetitious violation of the U.S. immigration laws. Rojas-Ramirez has entered the United States illegally at least three times in the past 30 years and has been deported twice. The 57-month sentence occupies the bottom of the applicable Guidelines range of 57 to 71 months, and we ordinarily expect such a sentence to be reasonable. See United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005). Because Rojas-Ramirez's sentence is supported by the 1 We review a final sentence imposed by the district court for reasonableness. United States v. Winingear, 422 F.3d 1241, 1245 (11th Cir. 2005). Reasonableness review is akin to the deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007). 2 § 3553(a) factors, the district court did not abuse its discretion in sentencing Rojas-Ramirez to 57 months' imprisonment. AFFIRMED. 3
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