USCA11 Case: 19-12518 Date Filed: 03/22/2021 Page: 1 of 13 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12518 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cr-20112-FAM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS MANUEL VASQUEZ ALVAREZ, a.k.a. Angel Jose Santiago Rodriguez, a.k.a. Eduardo Felix Perez, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (March 22, 2021) Before WILSON, ANDERSON, and JULIE CARNES, Circuit Judges. PER CURIAM: USCA11 Case: 19-12518 Date Filed: 03/22/2021 Page: 2 of 13 Defendant Jesus Manuel Vasquez Alvarez appeals his 60-month sentence for illegal reentry into the United States after having been deported. He argues that his above-guideline sentence was substantively unreasonable because the district court gave undue weight to his prior criminal history. After careful consideration, however, we discern no abuse of discretion by the district court. Accordingly, we affirm Defendant’s sentence. I. BACKGROUND Defendant is a native and citizen of the Dominican Republic. After illegally entering the United States and then proceeding to commit felony offenses, Defendant was deported in August 2014. But Defendant was not gone for long. As a result of Defendant’s arrest in Florida for drug trafficking and related offenses in 2018, immigration officials learned that Defendant had illegally entered the United States once again. In a sworn post-Miranda 1 statement, Defendant admitted that he had illegally reentered the United States after being removed. Accordingly, Defendant was charged with one count of illegal reentry after removal, in violation of 8 U.S.C. § 1326(a), (b)(2). Defendant pled guilty without a plea agreement. A probation officer then prepared a presentence investigation report (“PSR”), calculating a total offense level of 15 and a criminal history category of 1 Miranda v. Arizona, 384 U.S. 436 (1966). 2 USCA11 Case: 19-12518 Date Filed: 03/22/2021 Page: 3 of 13 III, which calculations resulted in an advisory guideline range of 24 to 30 months’ imprisonment, with a statutory maximum of 20 years. As relevant here, Defendant’s total offense level included a six-level increase under U.S.S.G. § 2L1.2(b)(2)(6)—because, prior to being removed, Defendant had received a sentence exceeding one year and one month for a felony conviction—and a four- level increase under U.S.S.G. § 2L1.2(b)(3)(D)—because, after being removed, he had sustained another felony conviction. In scoring Defendant’s criminal history, the probation officer assigned three points to a 2010 conviction, under U.S.S.G. § 4A1.1(a), and one point each for convictions Defendant sustained in 2012 and 2018, under U.S.S.G. § 4A1.1(c). As to these prior convictions, Defendant was arrested in 2010 in Pennsylvania under the alias “Angel Rodriguez” and charged with one count of possession with intent to deliver heroin, one count of intent to possess a controlled substance by an unregistered person, and one count of using or possessing drug paraphernalia. Defendant pled guilty to the first count and the remaining counts were nolle prossed. Although he received a sentence of 11.5 to 23 months’ imprisonment and 3 years’ probation, he was released from jail …
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