Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
UNITED STATES of America, Plaintiff-Appellee, v. Victor Hugo ESPINOZA-HERNANDEZ, a/k/a Samuel Lorenzo-Contreras, Defendant-Appellant.
Victor Hugo Espinoza-Hernandez pled guilty to illegal reentry of a removed alien, in violation of 8 U.S.C. § 1326(a) (2018). The district court sentenced Espinoza-Hernandez to four months’ imprisonment, to be served consecutively to any sentence imposed in pending state criminal proceedings. On appeal, Espinoza-Hernandez argues that his sentence is substantively unreasonable. We affirm.
We review a criminal sentence for reasonableness, applying “a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). This review entails consideration of both the procedural and substantive reasonableness of the sentence. Id. at 51, 128 S.Ct. 586. We have confirmed that Espinoza-Hernandez's sentence is procedurally reasonable. See United States v. Provance, 944 F.3d 213, 218 (4th Cir. 2019).
To be substantively reasonable, the sentence must be “sufficient, but not greater than necessary” to satisfy the statutory purposes of sentencing. 18 U.S.C. § 3553(a) (2018). In assessing substantive reasonableness, we consider “the totality of the circumstances.” Gall, 552 U.S. at 51, 128 S.Ct. 586. A sentence is presumptively substantively reasonable if it “is within or below a properly calculated Guidelines range,” and this “presumption can only be rebutted by showing that the sentence is unreasonable when measured against the 18 U.S.C. § 3553(a) factors.” United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
Espinoza-Hernandez argues that his sentence is substantively unreasonable because it is greater than necessary to accomplish the sentencing objectives of 18 U.S.C. § 3553(a) and insists that a sentence of time served would have been sufficient. We have reviewed the record and conclude that the district court properly evaluated the relevant § 3553(a) factors, including the nature and circumstances of the offense, the defendant's history and characteristics, and the need for deterrence, and appropriately balanced these factors against Espinoza-Hernandez's mitigating arguments in imposing a sentence within the Guidelines range. Therefore, Espinoza-Hernandez failed to rebut the presumption of substantive reasonableness accorded his within-Guidelines-range sentence.
Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
PER CURIAM:
Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 19-4900
Decided: June 22, 2020
Court: United States Court of Appeals, Fourth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)