US v. William Granados, No. 14-4389 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4389 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM HUMBERTO GRANADOS, a/k/a William Humberto Rios Granados, a/k/a William Humberto Rios-Granados, a/k/a William Humbeto Rios, a/k/a Williams Humberto Rios, a/k/a William Rios Granados, a/k/a Marcial Rios Cruz, a/k/a Marcel Rios Cruz, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:13-cr-00455-CCE-1) Submitted: November 18, 2014 Before AGEE and Circuit Judge. FLOYD, Circuit Decided: Judges, and December 1, 2014 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, Mireille P. Clough, Assistant Federal Public Defender, Winston-Salem, North Carolina, for Appellant. Ripley Rand, United States Attorney, Lisa B. Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: William Humberto Granados appeals the within- Guidelines sentence imposed by the district court after he pled guilty to illegally reentering in the United States after being removed subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2) (2012). On appeal, he contends his sentence is substantively unreasonable. We affirm. We review a criminal sentence for reasonableness using “a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 28, 41 (2007). Because Granados asserts no procedural whether error, we consider the sentence is substantively reasonable, “tak[ing] into account the totality of the circumstances” court’s decision. and Id. giving due deference to the district We presume that a sentence “within or below a properly calculated Guidelines range is [substantively] reasonable.” United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014), cert. denied, No. 14-336, 2014 WL 4717386 (U.S. Oct. 20, 2014). Granados bears the burden to rebut this presumption “by showing that the sentence is unreasonable in light of the 18 U.S.C. § 3553(a) [(2012)] factors.” Id. Here, the district court reasonably determined that a sentence of seventy months, at the low end of the Guidelines range, was appropriate based on its thorough, individualized assessment of Granados’ case in light of his arguments and the 3 § 3553(a) factors. Based on a totality of the circumstances, we conclude that the district court did not abuse its discretion in imposing the chosen 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 4
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