Case: 19-10380 Date Filed: 10/22/2019 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10380 Non-Argument Calendar ________________________ D.C. Docket No. 8:18-cr-00368-WFJ-JSS-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DARINEL HERNANDEZ-LORENZO, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 22, 2019) Before WILSON, JORDAN, and HULL, Circuit Judges. PER CURIAM: Case: 19-10380 Date Filed: 10/22/2019 Page: 2 of 9 Darinel Hernandez-Lorenzo appeals his fourteen-month sentence, imposed following his guilty plea to illegal reentry in violation of 8 U.S.C. § 1326(a). He argues that his sentence, which constituted an eight-month upward variance, was procedurally unreasonable because the district court considered prior illegal entries for which he was never charged or convicted, used those events to vary from his advisory sentencing guidelines range, and failed to address other sentencing factors under 18 U.S.C. § 3553(a). He also argues that his sentence was substantively unreasonable because it was more than double the top end of his guidelines range and because the district court did not conduct a meaningful review of the § 3553(a) sentencing factors. After reviewing the record and the parties’ briefs, we affirm. I Mr. Hernandez-Lorenzo is a native and citizen of Mexico. In August of 2018, United States Immigration and Customs Enforcement agents determined that Mr. Hernandez-Lorenzo—who at the time was going by the alias “Mariano Perez”—was in the United States without permission after a prior removal. He was arrested and charged with illegal reentry in violation of 8 U.S.C. § 1326(a). He pled guilty to the charge on October 16, 2018, and the district court subsequently held a sentencing hearing on January 16, 2019. According to the presentence investigation report, Mr. Hernandez-Lorenzo first entered the United States illegally in 1998 and was arrested, convicted, and 2 Case: 19-10380 Date Filed: 10/22/2019 Page: 3 of 9 deported in 2003 with an order prohibiting his return for ten years. In 2005, he was apprehended attempting to enter the United States and returned to Mexico. Several days later, he reentered illegally, but was apprehended and deported again. Later in 2005, he returned illegally to the United States and left voluntarily a few weeks later. In 2006, Mr. Hernandez-Lorenzo reentered and began working in the agricultural fields using fraudulent identification documents. In 2015, he purchased a legal permanent resident card with his picture and the alias Mariano Perez. He obtained employment with the fraudulent card, was laid off, and was later rehired without new documentation. The report described Mr. Hernandez-Lorenzo’s use of the fraudulent legal permanent resident card as an attempt to conceal his identity and prior deportations. It also described an arrest for other, unrelated criminal conduct. Mr. Hernandez-Lorenzo received a base-offense level of eight under U.S.S.G. § 2L1.2(a) and a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(a). The probation office calculated Mr. Hernandez-Lorenzo’s advisory sentencing guidelines range at zero to six months’ imprisonment, based on ...
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