NOT RECOMMENDED FOR PUBLICATION File Name: 20a0342n.06 No. 19-1904 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 11, 2020 UNITED STATES OF AMERICA, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE WESTERN OLMAN RENE MATUTE-ARGUETA, ) DISTRICT OF MICHIGAN ) Defendant-Appellant. ) Before: GIBBONS, LARSEN, and NALBANDIAN, Circuit Judges. JULIA SMITH GIBBONS, Circuit Judge. In January 2018, Olman Rene Matute-Argueta completed a term of imprisonment for aggravated felon reentry and, for the fourth time in his life, was removed from the United States. Just a few months later, in May 2018, Matute-Argueta violated the terms of his supervised release by again illegally reentering the country. The Western District of Texas convicted and sentenced Matute-Argueta to 37 months’ imprisonment for his illegal reentry, and the Western District of Michigan imposed a consecutive 21-month sentence for Matute-Argueta’s supervised release violations. Matute-Argueta claims that the Western District of Michigan’s sentence is substantively unreasonable because the district court arbitrarily varied upward from his Guidelines range. We disagree and affirm. I. Matute-Argueta, a Honduran citizen, has a long history of illegally entering and being removed from the United States. He first illegally entered the United States in 1993, and he was removed back to Honduras in 1998. He illegally reentered the United States that same year and, No. 19-1904, United States v. Matute-Argueta after serving 90 days in custody, was again removed from the country. Undeterred, Matute- Argueta illegally reentered in 2000. In 2005, he was convicted for possessing a firearm and, after serving a 21-month sentence, was removed from the United States in 2007. But Matute-Argueta illegally returned yet again in 2008. In 2016, authorities arrested Matute-Argueta in Zeeland, Michigan. Matute-Argueta pled guilty to a charge of aggravated felon reentry, in violation of 8 U.S.C. §§ 1326(a), (b)(2). His Guidelines range of imprisonment was 18 to 24 months. The Western District of Michigan sentenced Matute-Argueta to 21 months’ imprisonment followed by two years of supervised release. Matute-Argueta completed his term of imprisonment, was placed on supervised release in January 2018, and was removed from the United States in February 2018. Matute-Argueta did not stay away for long. In May 2018, Matute-Argueta violated the terms of his supervised release by, once again, illegally entering the United States. In the Western District of Texas, Matute-Argueta pled guilty to illegally reentering as a removed alien and was sentenced to 37 months’ imprisonment. Matute-Argueta was then returned to the Western District of Michigan for a hearing on his supervised release violations. He pled guilty. The Western District of Michigan revoked Matute-Argueta’s supervised release and imposed a sentence of 21 months’ imprisonment, to run consecutively to the 37-month sentence imposed by the Western District of Texas. The 21-month sentence was a 7-month upward variance from the Guidelines range of 8 to 14 months. The district court noted that its previous within- Guidelines sentence failed to deter Matute-Argueta and, therefore, the variance was ...
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