United States v. Michael Donaldson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-4426 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL ANTHONY DONALDSON, a/k/a David Anthony Jennings, a/k/a David Ray Archer, a/k/a Sidney George Moody, a/k/a Perry Swain, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:17-cr-00013-MHL-1) Submitted: March 19, 2018 Decided: April 19, 2018 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Geremy C. Kamens, Federal Public Defender, Alexandria, Virginia, Joseph S. Camden, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant. Dana J. Boente, United States Attorney, Alexandria, Virginia, S. David Schiller, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Anthony Donaldson, a native and citizen of Jamaica who was removed from the United States in 1996 following his conviction for an aggravated felony offense, pled guilty to illegally reentering this country without authorization, in violation of 8 U.S.C. § 1326(a), (b)(2) (2012), and received a 50-month sentence. This appeal concerns the reasonableness of Donaldson’s sentence, which was within the advisory Sentencing Guidelines range of 46-57 months. Critical to the issues on appeal are the factual findings that controlled the computation of Donaldson’s Guidelines range. Specifically, the probation officer detailed the offense conduct, which referenced Donaldson’s prior convictions for drug and firearm offenses. The presentence report further noted that Donaldson illegally reentered the United States after he was removed in 1996, but that his date and point of reentry were unknown. The probation officer recited that, during a 2016 interview with immigration officials, Donaldson admitted that he last reentered the United States in the 1990s, and that Donaldson’s criminal record revealed that he was arrested in New York City on March 17, 1999. The probation officer thus utilized March 17, 1999, as the earliest date of relevant conduct for scoring purposes. The probation officer initially assigned Donaldson a base offense level of 8, pursuant to U.S. Sentencing Guidelines Manual § 2L1.2(a) (2016). This was increased by 10 levels because Donaldson was convicted of a felony offense that involved a sentence of 5 years or more before he was removed from the United States. See USSG § 2L1.2(b)(2)(A). Although this conviction occurred in 1995 and the illegal reentry 2 charge was from 2015, this conviction supported the 10-level increase because it occurred within 15 years of the determined date of last illegal reentry—March 17, 1999. See USSG § 2L1.2(b)(2)(A) & cmt. n.3; USSG § 4A1.1(a) & cmt. n.1; USSG § 4A1.2(e).1 Another 4 levels were added, pursuant to USSG § 2L1.2(b)(3)(D), because Donaldson was convicted of another felony offense after he was removed from the United States. With a 3-level reduction for acceptance of responsibility, Donaldson’s total adjusted offense level was 19. Together with Donaldson’s placement in criminal history category IV, the resulting Guidelines range was 46 to 57 months in prison. ...

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