20-2564 United States v. Donoteo-Reyes UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, held at 2 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, 3 on the 25th day of January, two thousand twenty-two. 4 PRESENT: 5 SUSAN L. CARNEY, 6 STEVEN J. MENASHI, 7 MYRNA PÉREZ, 8 Circuit Judges. 9 _________________________________________ 10 UNITED STATES OF AMERICA, 11 Appellee, 12 v. No. 20-2564 13 EVERARDO DONOTEO-REYES, AKA 14 ALBERTO EBARADO GUTIERREZ-REYES, 15 Defendant-Appellant. 16 _________________________________________ 17 FOR APPELLANT: Matthew R. Lembke, Cerulli Massare & 18 Lembke, Rochester, NY. 19 FOR APPELLEE: Tiffany H. Lee, for James P. Kennedy, Jr., 20 United States Attorney for the Western 21 District of New York, Buffalo, NY. 1 Appeal from a judgment of the United States District Court for the Western District 2 of New York (Siragusa, J.). 3 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, 4 ADJUDGED, AND DECREED that the judgment entered on July 21, 2020, is 5 AFFIRMED. 6 Defendant-Appellant Everardo Donoteo-Reyes appeals from a judgment imposing a 7 sentence of incarceration following his plea of guilty to one count of fraud and misuse of a 8 permanent resident card, see 18 U.S.C. § 1546(a), one count of fraud and misuse of a social 9 security card, see id., and one count of unlawful reentry into the United States after being 10 removed, see 8 U.S.C. § 1326(a). Donoteo-Reyes was sentenced to serve 30 months of 11 incarceration on the misuse of documents counts and 24 months on the unlawful reentry 12 count, the terms to be served concurrently. On appeal, he contends that his sentence is 13 procedurally and substantively unreasonable. We assume the parties’ familiarity with the 14 underlying facts, procedural history, and arguments on appeal, to which we refer only as 15 necessary to explain our decision to affirm. 16 In calculating the applicable Sentencing Guidelines range, the district court included a 17 10-level enhancement to Donoteo-Reyes’s offense level based on his state court conviction 18 for two counts of manslaughter—felonies for which he was sentenced to serve a term of 19 imprisonment of five years or more, and which were based on conduct that occurred after 20 his previous removal from the United States. See U.S.S.G. § 2L1.2(b)(3)(A). The district court 21 also directed that the federal sentence run consecutively to Donoteo-Reyes’s state …
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