United States Fourth Circuit

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US v. Diosdado-Star, 09-4723

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