NOT RECOMMENDED FOR PUBLICATION File Name: 19a0367n.06 No. 18-4147 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Jul 17, 2019 DEBORAH S. HUNT, Clerk UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE MARTHA BUENDIA-CHAVARRIA, ) NORTHERN DISTRICT OF ) OHIO Defendant-Appellant. ) ) BEFORE: SUHRHEINRICH, CLAY, and DONALD, Circuit Judges. SUHRHEINRICH, Circuit Judge. Defendant-Appellant Martha Buendia-Chavarria (“Defendant”) pleaded guilty to various identity theft charges. On appeal she challenges the procedural and substantive reasonableness of her sentence. We find that her sentencing issues have no merit, and therefore AFFIRM the judgment of the district court. I. While investigating Manuel Granados for trafficking in false identification documents, law enforcement agents learned that he had purchased approximately fifty-two false identification documents—such as state identification cards, social security cards, and lawfully admitted permanent resident cards––for his customers from “TM,” short for Tonya Marshall. But Granados was not dealing with the real TM, a United States citizen from Puerto Rico. Rather, Granados was conducting business with Defendant, a Mexican citizen in the United States illegally, masquerading as TM. No. 18-4147, United States v. Buendia-Chabarria The agents obtained a search warrant for Defendant’s residence, which proved fruitful. They discovered thirteen false identification documents in Defendant’s name or bearing her photograph with TM’s name; five handwritten ledgers containing personal identification of other individuals; used printer ribbons containing evidence of previously manufactured false identification documents; and numerous document-manufacturing devices, including nine laptop or tablet computers, eighteen cellular phones, four USB drives, three cameras, and five printers. Forensic analysis of the printers and devices seized during the search indicated that Defendant produced between 1,000 and 1,100 false identification documents. The presentence report states that Defendant had received at least 118 wire transfers from individuals in Mexico and the United States, totaling approximately $45,000. Defendant pleaded guilty without a plea agreement to possession with intent to transfer unlawfully five or more identification documents, in violation of 18 U.S.C. § 1028(a)(3) (Count 1); possession of document-making implements and authentication features, in violation of 18 U.S.C. § 1028(a)(5) (Count 2); making a false statement or claim of citizenship with intent to obtain a state or federal benefit, in violation of 18 U.S.C. § 1015(e) (Count 3); and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). The advisory Guidelines range for Counts 1 to 3 was 24 to 30 months, with a mandatory consecutive 24-month sentence on Count 4. At sentencing, defense counsel requested a downward variance to one day of incarceration for Counts 1 to 3, based on Defendant’s personal and family circumstances, attempts to cooperate, and fear of retaliation after her efforts were made public. Defense counsel pointed out that, had this been a drug crime, Defendant would have been entitled to a reduction under the safety valve. Counsel noted that Defendant supported her two children, and that she had a pending application for asylum. Finally, defense counsel explained that Defendant feared retaliation ...
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