USCA11 Case: 21-14079 Date Filed: 07/06/2022 Page: 1 of 10 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-14079 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus J. SANTOS MORENO-SALAZAR, a.k.a. Oscar Gutierrez, a.k.a. Santos Moreno, a.k.a. Eduardo Moreno-Salazar, Defendant-Appellant. USCA11 Case: 21-14079 Date Filed: 07/06/2022 Page: 2 of 10 2 Opinion of the Court 21-14079 ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:21-cr-00087-TFM-N-1 ____________________ Before ROSENBAUM, GRANT, and HULL, Circuit Judges. PER CURIAM: After pleading guilty, J. Santos Moreno-Salazar appeals his 36-month sentence for illegal reentry. Moreno1 argues that his sentence is substantively unreasonable. After careful review, we affirm. I. FACTUAL BACKGROUND A. Offense Conduct 2 On April 17, 2021, Moreno was arrested by the Foley, Alabama, Police Department and booked for driving under the influence of alcohol (“DUI”). Moreno told the police his name was Oscar Gutierrez, and he was booked under this alias. While he was in custody, Immigration and Customs Enforcement (“ICE”) ran Moreno’s fingerprints in criminal and immigration 1 In his brief on appeal, the appellant shortens his full name to “Moreno.” Accordingly, we do the same. 2 The description of Moreno’s offense conduct is drawn from the factual proffer contained in Moreno’s plea agreement. USCA11 Case: 21-14079 Date Filed: 07/06/2022 Page: 3 of 10 21-14079 Opinion of the Court 3 databases, which revealed his true identity and returned a “removed alien” alert along with his criminal history. The records showed that Moreno was removed to Mexico on October 9, 2008, and on April 16, 2013. Prior to the 2013 removal, Moreno was arrested in Florida for the crime of “hit and run” and later convicted of leaving the scene of a crash involving personal injury. As of April 2021, Moreno had not filed a claim or petition that would have allowed him to enter or remain in the United States legally. In April 2021, Moreno did not have permission from the U.S. Attorney General or the Secretary of the Department of Homeland Security to be found voluntarily in the United States. As to Moreno’s April 2021 DUI charge, an individual called the police after observing Moreno’s car swerving into oncoming traffic. The responding officer observed that Moreno was unsteady on his feet and slurred his speech. Moreno denied he had been drinking and refused to take a breathalyzer test or to perform field sobriety tests. The charges were later nolle prossed. B. Indictment and Guilty Plea In May 2021, an indictment charged Moreno with one count of illegal reentry, in violation of 8 U.S.C. § 1326(a), (b)(1). Pursuant to a plea agreement, Moreno pled guilty. The district court accepted his plea and adjudicated him guilty of illegal reentry. USCA11 Case: 21-14079 Date Filed: 07/06/2022 Page: 4 of 10 4 Opinion of the Court 21-14079 C. Presentence Investigation Report (“PSI”) Moreno’s PSI assigned him a base offense level of 8. His base offense level of 8 …
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