United States v. Emeterio Ramirez

Case: 18-10773 Document: 00515026829 Page: 1 Date Filed: 07/09/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-10773 United States Court of Appeals Fifth Circuit FILED July 9, 2019 UNITED STATES OF AMERICA, Lyle W. Cayce Plaintiff – Appellee, Clerk v. EMETERIO ESPINO RAMIREZ, Defendant – Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-598-1 Before KING, ELROD, and ENGELHARDT, Circuit Judges. PER CURIAM:* Emeterio Espino Ramirez, who pleaded guilty to illegal re-entry in violation of 18 U.S.C. § 1326, appeals his sentence consisting of 37 months of imprisonment and three years of supervised release. We AFFIRM. I. Ramirez pleaded guilty to one count of illegal re-entry. The presentence report (PSR) recommended an imprisonment range of 30 to 37 months. The * Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4. Case: 18-10773 Document: 00515026829 Page: 2 Date Filed: 07/09/2019 No. 18-10773 PSR also noted that, under the Sentencing Guidelines, “the Court ordinarily should not impose a term of supervised release in a case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.” U.S.S.G. § 5D1.1(c). At sentencing, Ramirez argued that “there [was] no reason to vary from [the] Guideline[s].” Ramirez contended that “a Guidelines sentence is appropriate in this case” because although he had other prior re-entries, “the Guidelines has taken that into account.” The government “ask[ed] for a high end of the Guideline range” because Ramirez had seven prior re-entries and committed crimes repeatedly. The government emphasized that the high-end sentence would be “to deter him” and to reflect that fact that “he ha[d] not [been] deterred.” The district court “adopt[ed] the factual contents of the presentence report as [its] factual determination.” The district court stated that it was “tempting to vary upwards” but nonetheless concluded that “the Guidelines here are adequate” and that the “high end of the range [was] appropriate.” 1 The district court sentenced Ramirez to 37 months of imprisonment and three years of supervised release. The district court’s written statement of reasons further provided that “the Court considered the advisory guidelines . . . as well as statutory concerns listed in 18 U.S.C. [§] 3553(a).” Ramirez timely filed a notice of appeal. 1 The PSR listed the following factors that may warrant departure: [Ramirez’s] immigration and criminal history show a pattern of disregard for federal law as he continue[d] to illegally reenter the United States, despite a conviction for Illegal Entry, and a conviction for Illegal Reentry to the United States, and his currently being under a three-year term of supervised release. As such, his perpetual criminal behavior without deterrence indicates likelihood he will continue this established pattern of illegally reentering the United States in the future. 2 Case: 18-10773 Document: 00515026829 Page: 3 ...

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