United States Fourth Circuit

84-month sentence for one count of being found in the U.S. after having been excluded, deported, and removed from the U.S., in violation of 8 U.S.C. section 1326(a), and one count of possessing a counterfeit U.S. Resident Alien card, in violation of 18 U.S.C. section 1546(a), is affirmed where the sentence was: 1) procedurally reasonable, as the district court did not err by departing from the applicable Guidelines range; and 2) substantively reasonable, as the district court's decision that the Section 3553(a) factors, on the whole, justified the sentence" of 84 months' imprisonment.

Appellate Information

• Argued 12/10/2010
• Decided 01/24/2011
• Published 01/24/2011

Judges

• Agee

Court

• United States Fourth Circuit

Counsel