United States v. Marvin Morris Carridice

USCA11 Case: 22-10070 Date Filed: 10/24/2022 Page: 1 of 8 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10070 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARVIN MORRIS CARRIDICE, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:21-cr-60214-AHS-3 ____________________ USCA11 Case: 22-10070 Date Filed: 10/24/2022 Page: 2 of 8 2 Opinion of the Court 22-10070 Before GRANT, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Marvin Carridice pleaded guilty to illegally re-entering the United States. The district court sentenced him to 42 months in prison. Because his sentence was procedurally and substantively reasonable, we affirm. I. Carridice is a native and citizen of Jamaica. In 2009, Carridice pleaded no contest to five criminal offenses in Florida state court: second-degree murder and attempted first degree murder, burglary of a conveyance, grand theft, carrying a concealed firearm, and possession of cannabis. Carridice was sentenced to 14 years in prison for his murder charges, 12 years in prison for the burglary, and 5 years each for the other three offenses—all of which were served concurrently. In 2018, Carridice was released from custody, and an Immigration Judge issued a final order removing him from the United States. As an alien removed for committing an aggravated felony under Section 237 of the Immigration and Nationality Act, Carridice was prohibited from entering, attempting to enter, or being in the United States at any time. See 8 U.S.C. §§ 1227(a)(2)(A)(iii); 1326(a)–(b). In 2021, Carridice traveled with 16 other migrants on a small boat from the Bahamas to Florida. The trip did not end well for USCA11 Case: 22-10070 Date Filed: 10/24/2022 Page: 3 of 8 22-10070 Opinion of the Court 3 Carridice, who was detained in Pompano Beach after the boat crashed into a seawall while fleeing from law enforcement. Carridice was charged with illegal entry of a removed alien in violation of 8 U.S.C. § 1326(a) and (b)(2), and he pleaded guilty. The presentence investigation report (“PSI”) applied the U.S. Sentencing Guidelines to recommend an advisory range for Carridice’s sentence. The PSI determined that Carridice had 12 criminal history points, placing him in criminal history category V, with an offense level of 15. Based on this combination, the advisory Guidelines range was 37 to 46 months in prison. Carridice did not object to the PSI, but he did request a downward variance from the Guidelines range. Carridice first argued that—while his criminal history score was technically correct—the court ought to more fairly consider his criminal history as category III instead of category V. He reasoned that he had only pleaded to the five-year statutory maximum of his three lesser state criminal offenses because the sentences were to be served concurrently, and that those then-seemingly meaningless extra years inflated his criminal history score by nine points. He also argued that he had reformed his character. He submitted certificates showing that he had completed a variety of voluntary courses …

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