USCA11 Case: 23-10287 Document: 23-1 Date Filed: 07/10/2023 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-10287 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWIN ALAN DOMINGUEZ-GARCIA, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cr-00243-MLB-CMS-1 ____________________ USCA11 Case: 23-10287 Document: 23-1 Date Filed: 07/10/2023 Page: 2 of 11 2 Opinion of the Court 23-10287 Before LAGOA, BRASHER, and TJOFLAT, Circuit Judges. PER CURIAM: The District Court for the Northern District of Georgia sen- tenced Edwin Dominguez-Garcia to 18 months in prison for illegal reentry. Dominguez-Garcia appeals that sentence, arguing it was substantively unreasonable because the District Court improperly weighed the sentencing factors, failed to consider his mitigating personal history, and failed to sufficiently justify its sentence at the high end of the guideline range. Finding no error, we affirm. I. On July 13, 2022, a grand jury in the Northern District of Georgia indicted Edwin Dominguez-Garcia on one count of illegal entry of a removed alien, in violation of 8 U.S.C. § 1326(a). Dominguez-Garcia pleaded guilty without a plea agreement. According to the presentence investigation report (the “PSR”), Dominguez-Garcia was convicted of possession of drug- related objects in Georgia in 2014 and was scheduled to be re- moved. He was arrested for driving with a suspended license in 2015, and he was removed from the United States on December 10, 2015. He reentered the United States twice in 2016, twice in 2017, and once in 2019. In June 2022, immigration agents encoun- tered Dominguez-Garcia in Georgia at the Gwinnett County Jail, where he had been detained due to an active probation violation warrant. USCA11 Case: 23-10287 Document: 23-1 Date Filed: 07/10/2023 Page: 3 of 11 23-10287 Opinion of the Court 3 Pursuant to U.S.S.G. § 2L1.2, the base offense level for a vi- olation of 8 U.S.C. § 1326(a) is eight. The probation officer then assessed a four-level increase under U.S.S.G. § 2L1.2(b)(3)(D) be- cause before Dominguez-Garcia was ordered removed from the United States for the first time, he had a felony conviction for pos- session of methamphetamine. The probation officer also awarded a two-level decrease for acceptance of responsibility under U.S.S.G. § 3E1.1(a). Dominguez-Garcia’s total offense level was ten. In calculating Dominguez-Garcia’s criminal history, the PSR reported multiple prior criminal convictions in Georgia state court. These included: driving without a valid license, possession and use of drug related objects, driving with a suspended or revoked li- cense, possession of methamphetamine, and loitering. Dominguez-Garcia also has a prior conviction for illegal entry in the Southern District of Texas. These convictions resulted in a sub- total criminal history score of five. The probation officer assessed two additional points because Dominguez-Garcia committed the instant offense while on probation for his conviction for possession of methamphetamine. Dominguez-Garcia’s total criminal history score, then, was seven, leading to a criminal history category of IV. A total offense level of ten …
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