Case: 18-11122 Date Filed: 10/12/2018 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-11122 Non-Argument Calendar ________________________ D.C. Docket No. 8:17-cr-00481-SDM-TGW-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTELMO MORALES-SANCHEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 12, 2018) Before NEWSOM, BRANCH, and HULL, Circuit Judges. PER CURIAM: Antelmo Morales-Sanchez appeals his sentence for unlawfully reentering the United States after removal, arguing that the imposition of a sentence higher than Case: 18-11122 Date Filed: 10/12/2018 Page: 2 of 5 the Sentencing Guidelines range was substantively unreasonable. Because, in view of the totality of the circumstances, we do not find that the district court abused its discretion in its consideration of the sentencing factors and purposes, we affirm. Morales-Sanchez, a 39-year-old citizen of Guatemala, first entered the United States when he was 16 years old. His five children, the oldest aged 17, were born in the United States, and Morales-Sanchez lived with their mother in Tampa, Florida. Since 1996, he has amassed 10 criminal convictions as well as 17 traffic violations. He was removed from the United States seven times from 2001 to 2016, and he received sentences of 88 days, 180 days, and 180 days of imprisonment for three separate convictions of unlawful reentry after removal. Morales-Sanchez was arrested in 2017 for aggravated assault with a deadly weapon, and he was again charged with unlawful reentry, 8 U.S.C. § 1326(a), (b)(1). 1 Morales-Sanchez pleaded guilty to the unlawful reentry offense without a 1 (a) Subject to subsection (b), any alien who— (1) 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 (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both. (b) Notwithstanding subsection (a), in the case of any alien described in such subsection— (1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than 2 Case: 18-11122 Date Filed: 10/12/2018 Page: 3 of 5 written plea agreement. With an adjusted offense level of 13 and a criminal history category of IV, the Guidelines’ sentencing range was 24 to 30 months of imprisonment. See U.S.S.G. § 5A. At the sentencing hearing, both Morales-Sanchez and the government requested a sentence of 24 months. Morales-Sanchez asked for forgiveness ...
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