United States v. Leonardo Juan Alcoser-Lopez

Case: 17-13947 Date Filed: 05/29/2018 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-13947 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cr-00130-WSD-RGV-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEONARDO JUAN ALCOSER-LOPEZ, a.k.a. Leonardo Alcoser, a.k.a. Leonardo Lopez, a.k.a. Leonardo Arnulfo Alcoser, a.k.a. Leonardo Alcacer, a.k.a. Juan Alcoser, a.k.a. Juan Carlos Alcoser, a.k.a. Juan Carlos Leobardo Alcoser, a.k.a. Juan Lebardo Alcoser, a.k.a. Juan Leobardo Alcoser, a.k.a. Juan Leovardo Alcoser, a.k.a. Leonel Arnulfo Amendares, a.k.a. Leonel Enurfo Amendares, a.k.a. Leobardo Juan Carlos, a.k.a. Leonel Hernendez Gonzalez, a.k.a. Leonardo Martinez, a.k.a. Leonardo Juan Martinez, a.k.a. Daniel Cruz Perez, Case: 17-13947 Date Filed: 05/29/2018 Page: 2 of 8 Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (May 29, 2018) Before JORDAN, JULIE CARNES, and HULL, Circuit Judges. PER CURIAM: Defendant appeals his 78-month sentence, imposed following his guilty plea to illegal reentry by a previously deported alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, Defendant challenges the substantive reasonableness of his sentence. After careful review, we affirm. I. BACKGROUND Defendant, a native and citizen of Mexico, was convicted in California in July 2006 on charges of second-degree robbery, second-degree commercial burglary, and grand theft. He was sentenced to 180 days’ imprisonment and 3 years of probation as to the robbery and 90 days’ imprisonment and 3 years of probation as to the burglary and theft offenses. Upon completion of his sentences, he was removed to Mexico on February 7, 2007. Within one month after his removal, he unlawfully reentered the country: a fact we know because Defendant was arrested in California on a probation 2 Case: 17-13947 Date Filed: 05/29/2018 Page: 3 of 8 violation warrant based on the above robbery offense and was sentenced to 90 days’ imprisonment. He was removed to Mexico for a second time on May 31, 2007. He returned again to the United States, and his probation was once again revoked on January 17, 2008. This time he was sentenced to two years’ imprisonment. Then, in November 2009, Defendant was arrested in California and later pled guilty to possession of a controlled substance and false identification to peace officers. Upon completion of a two-year imprisonment sentence, Defendant was removed for a third time to Mexico in July 2011. Defendant again unlawfully returned to the United States and, in August 2016, he was arrested in Georgia on charges of simple assault and terroristic threats. After being transferred to the custody of Immigration and Customs Enforcement, Defendant was eventually charged in the present case with illegal reentry by a previously deported alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). He pled guilty without the benefit of a plea agreement. Applying the 2016 Guidelines, the Presentence Investigation Report (PSR) assigned Defendant a base offense level of 8 pursuant to U.S.S.G. § 2L1.2. Defendant received an 8-level enhancement under § 2L1.2(b)(2)(B) because, before he was ordered removed from ...

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