Case: 18-13449 Date Filed: 05/06/2019 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13449 Non-Argument Calendar ________________________ D.C. Docket No. 2:17-cr-00042-SPC-CM-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RUFINO ORTEGA-VILLA, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (May 6, 2019) Before WILSON, BRANCH, and HULL, Circuit Judges. PER CURIAM: Case: 18-13449 Date Filed: 05/06/2019 Page: 2 of 8 Rufino Ortega-Villa appeals his 41-month sentence for illegal reentry into the United States after a felony conviction and removal from the United States, in violation of 8 U.S.C. § 1326(a), (b)(1).1 He argues that the district court abused its discretion by ordering that his 41-month sentence run consecutively with the 73- month Florida sentence he was already serving. We affirm. I. BACKGROUND On May 23, 2018, Ortega-Villa, a citizen of Mexico, pleaded guilty to illegal reentry after deportation and conviction for a felony, 8 U.S.C. § 1326(a), (b)(1), which is a crime punishable by up to 10 years imprisonment. Id. § 1326(b)(1). The Presentence Investigation Report calculated the sentencing guidelines range as 37 months to 46 months based on an offense level of 19 and a criminal history category of III. According to the PSR, Ortega-Villa’s criminal history included a number of Florida offenses. In 2001, Ortega-Villa was convicted of trespass (reduced from burglary) and petty theft. Later that year, he was convicted of leaving the scene of a crash with property damage and reckless driving. In 2002, he was convicted of driving under the influence and driving without a valid driver’s license. In 2013, he was convicted of possession of a controlled substance without 1 “[A]ny alien who . . . has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter . . . enters, attempts to enter, or is at any time found in, the United States, . . . whose removal was subsequent to a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), . . . shall be fined under Title 18, imprisoned not more than 10 years, or both.” 8 U.S.C. § 1326(a), (b)(1). 2 Case: 18-13449 Date Filed: 05/06/2019 Page: 3 of 8 a prescription, 2 operating a vehicle while his license was suspended, and not having vehicle registration. In 2017, he was convicted of burglary, theft, and drug offenses for which he is currently serving a 73-month sentence in Florida. His expected release date is November 28, 2022. Ortega-Villa had also been deported from the United States on four previous occasions. At the sentencing hearing, neither party objected to the probation office’s proposed guidelines calculations, and the district court adopted them. Ortega- Villa’s counsel argued for a 37-month sentence—the low end of the guidelines range—and for the sentence to run concurrently with ...
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