US v. Efrain Lopez-Perez, No. 13-4481 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4481 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EFRAIN LOPEZ-PEREZ, a/k/a Hector Terronez-Gomez, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:12-cr-00363-D-1) Submitted: January 28, 2014 Decided: February 21, 2014 Before DAVIS, KEENAN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Efrain Lopez-Perez appeals sentence imposed by the district court. the thirty-seven-month Lopez-Perez pled guilty to illegal re-entry after removal as an aggravated felon, in violation of 18 U.S.C. § 1326(a), (b)(2) (2012). Lopez-Perez argues unreasonable. that his sentence is On appeal, substantively We affirm. We review a sentence for reasonableness, applying an abuse of discretion standard. 38, 51 (2007). examine the Gall v. United States, 552 U.S. If there is no significant procedural error, we substantive reasonableness of the sentence, tak[ing] into account the totality of the circumstances. Id. If the sentence is within or below the Guidelines range, we presume on appeal that the sentence is reasonable. United States v. Yooho Weon, 772 F.3d 583, 590 (4th Cir. 2013). After a thorough review of the record, we conclude that the district court considered all of Lopez-Perez s arguments and weighed them in light of the 18 U.S.C. § 3553(a) (2012) factors. long criminal United States The district court concluded that Lopez-Perez s history showed and a repeated lack The parties recognize Hector Terronez-Gomez. of that 2 attempts respect for to re-enter the Lopez-Perez s law true the and name a is likelihood States that again, Lopez-Perez warranting a advisory Guidelines range. presented sufficient reasonableness that would seek sentence at to enter the the high-end United of the We conclude that Lopez-Perez has not grounds to disregard attaches to the the district presumption court s of within- Guidelines sentence. Accordingly, we affirm the district court s judgment. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this Court and argument would not aid the decisional process. AFFIRMED 3
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