Case: 18-14074 Date Filed: 07/26/2019 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14074 Non-Argument Calendar ________________________ D.C. Docket No. 1:18-cr-00095-WS-B-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE LUIS ALONSO DELEON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Alabama ________________________ (July 26, 2019) Before ED CARNES, Chief Judge, MARCUS, and ROSENBAUM, Circuit Judges. PER CURIAM: Case: 18-14074 Date Filed: 07/26/2019 Page: 2 of 5 Jose Luis Alonso DeLeon appeals his above guidelines, 60-month sentence after pleading guilty to illegal reentry and possession of a firearm by a prohibited person. I. In March 2018 police arrested DeLeon after finding him in a truck that had struck and killed a bicyclist. The arresting officer smelled alcohol on DeLeon and saw a firearm on the front passenger floorboard, a firearm that was later determined to be stolen. DeLeon was charged in state court with manslaughter, leaving the scene of an accident with injury or death, and receiving stolen property in the third degree. After his arrest Immigration and Customs Enforcement agents determined that DeLeon had had six encounters with immigration authorities in the past — including a conviction for illegal entry in April 2014 that resulted in a sentence of 30 days imprisonment and a 20 year ban on reentering the United States. In determining DeLeon’s criminal history category, the probation officer noted that DeLeon had prior convictions for driving under the influence in 2010 and criminal mischief in 2006. The probation officer calculated a total offense level of 13 and a criminal history category of 2, resulting in a guideline range of 15 to 21 months imprisonment. 2 Case: 18-14074 Date Filed: 07/26/2019 Page: 3 of 5 At sentencing the district court said that it considered the presentence report, letters submitted on DeLeon’s behalf, argument from counsel, the sentencing guidelines, and the 18 U.S.C. § 3553(a) factors. The court emphasized that DeLeon’s federal offenses came to the attention of law enforcement through his “serious violations of the laws of the State of Alabama.” It noted that while DeLeon had characterized hitting the bicyclist as an accident, leaving the scene of an accident was a felony offense that he would not have been in a position to commit but for his illegal reentry. The court also noted that DeLeon’s repeated prior contacts with immigration authorities were important considerations. After considering the seriousness of the offense, the victim impact, and the need for adequate deterrence and punishment the court imposed a sentence of 60 months imprisonment and three years of supervised release. The court noted that it was imposing “a standalone sentence” and that it did “not know what the State of Alabama will do with regard to the state charges . . . . That will be up to them to decide.” II. DeLeon contends that the district court’s upward variance from the guideline range was substantively unreasonable. We review the reasonableness of a ...
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