Case: 18-10286 Date Filed: 08/03/2018 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10286 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cr-00309-LMM-CMS-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JESUS ANDRADE-PEREZ, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (August 3, 2018) Before WILSON, JORDAN and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 18-10286 Date Filed: 08/03/2018 Page: 2 of 6 Jesus Andrade-Perez appeals his 19-month, below-guidelines sentence, which the district court imposed after he pled guilty to a single count of illegal re- entry into the United States after previously having been deported. For the reasons set forth below, we affirm. I. In 2004, Andrade-Perez was arrested for trafficking methamphetamine and distribution of methamphetamine. He pled guilty to both charges in 2006 and was sentenced to a term of imprisonment. After he served part of that term, Andrade- Perez was granted parole and transferred to Immigration and Customs Enforcement (“ICE”) custody. He was deported from the United States to Mexico in 2012. Following his deportation, Andrade-Perez reentered the United States to pursue better opportunities. He worked in construction from 2013 to 2017 to support his girlfriend and U.S. citizen son in Georgia and his ailing parents in Mexico. After he was arrested for traffic violations in 2017, he was transferred to ICE custody. He was indicted and pled guilty to one count of illegal entry of a previously deported alien in violation of 8 U.S.C. §§ 1326(a) and (b)(2). The presentence investigation report (“PSI”) applied a base offense level of eight for unlawfully entering the United States, pursuant to U.S.S.G. § 2L1.2(a). The PSI applied a ten-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(2)(A) because of his 12-year-old methamphetamine conviction. The PSI credited 2 Case: 18-10286 Date Filed: 08/03/2018 Page: 3 of 6 Andrade-Perez with a three-level reduction for acceptance of responsibility, thus his total offense level was 15. Andrade-Perez’s criminal history score was enhanced by two points because he committed the offense while under supervision for his methamphetamine conviction, making his criminal history category III. Based on a total offense level of 15 and a criminal history category of III, Andrade-Perez’s guideline range was 24 to 30 months of imprisonment. The statutory maximum was 20 years. At sentencing, Andrade-Perez did not object to the PSI. The district court imposed a sentence below the applicable guidelines range at 19 months. II. We review the reasonableness of a sentence under a deferential abuse of discretion standard, considering the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). Gall v. United States, 552 U.S. 38, 41 (2007). We will vacate a sentence if we are “left with the definite and firm conviction that the district court committed a clear error of judgment in weighing the § 3553(a) factors by arriving at a sentence that lies outside the range of reasonable sentences dictated by the ...
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