United States v. Rivera-Santana, No. 10-5123 (4th Cir. 2012)
Annotate this CaseDefendant sought relief from a sentence of 240 months in prison, imposed as a result of his illegal reentry into the United States after being removed for a conviction of an aggravated felony. On appeal, defendant raised several procedural challenges to the sentence. The court held that the sentencing court committed no procedural error because the Guidelines did not expressly prohibit the triple counting of defendant's prior record; the court did not impermissibly count defendant's extensive criminal record when it imposed the upward variance justified under the 18 U.S.C. 3553(a) sentencing factors; the district court's upward departures were not procedurally defective; and the 240 month sentence was substantively reasonable. Accordingly, the judgment was affirmed.
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