Case: 18-14928 Date Filed: 05/01/2020 Page: 1 of 26 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14928 Non-Argument Calendar ________________________ D.C. Docket No. 6:09-cr-00248-PGB-KRS-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAMON LOPEZ-ALVARADO, Defendant-Appellant. ________________________ No. 18-14930 Non-Argument Calendar ________________________ D.C. Docket No. 6:18-cr-00080-PGB-KRS-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus Case: 18-14928 Date Filed: 05/01/2020 Page: 2 of 26 RAMON LOPEZ-ALVARADO, Defendant-Appellant. ________________________ Appeals from the United States District Court for the Middle District of Florida ________________________ (May 1, 2020) Before WILSON, FAY and ANDERSON, Circuit Judges. PER CURIAM: Ramόn Lopez-Alvarado, a citizen of Mexico, appeals following his convictions and sentences for illegally re-entering the United States after deportation and failing to register as a sex offender under the Sex Offender Registration and Notification Act (“SORNA”), and the revocation of his supervised release for committing those two offenses. We affirm. I. In 2009, federal authorities charged Lopez-Alvarado with one count of failing to register as a sex offender, in violation of 18 U.S.C. § 2250. CM/ECF for the M.D. Fla, no. 6:09-cr-00248-PGB-KRS-1 (“Lopez-Alvarado I”). In 2012, he pled guilty pursuant to a plea agreement. Based on the plea agreement’s factual basis, he admitted that in 1998, he pled guilty in state court to three counts of committing a lewd act upon a 12-year-old child, in violation of Florida Statutes § 2 Case: 18-14928 Date Filed: 05/01/2020 Page: 3 of 26 800.04. He likewise admitted to being deported to Mexico after those convictions, but illegally re-entering the United States, which prompted the state court to find him guilty of violating probation. He admitted to being sentenced for the probation violation, serving part of that sentence, being deported again to Mexico, and returning to the United States later without permission. The district court sentenced Lopez-Alvarado to 15 months of imprisonment, followed by five years of supervised release, which, in relevant part, prohibited him from violating any federal, state, or local law and required him to register, in any state in which he resided, with the state’s sexual offender registry and/or SORNA. The district court entered a final judgment in Lopez-Alvarado I in December 2012. He appealed; we affirmed in July 2013 after granting counsel leave to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). United States v. Lopez-Alvarado, 523 F. App’x 718 (11th Cir. 2013). Lopez-Alvarado completed his custodial sentence and commenced his five-year supervised release term shortly thereafter. He was later deported. In 2018, authorities charged Lopez-Alvarado with additional violations. First, in March 2018, the probation office sought to have him arrested, alleging, in part, that he had returned to the country without permission in 2018. Proceedings then commenced to revoke his supervised release in Lopez-Alvarado I. 3 Case: 18-14928 Date Filed: 05/01/2020 Page: 4 of 26 In April 2018, a federal grand jury charged Lopez-Alvarado with: (1) illegally being present in the United States after being deported, in violation of 8 U.S.C. § 1326(a), (b)(2) (Count 1); and (2) knowingly ...
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