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    United States v. Jesus Martinez-Chavez, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Jesus Martinez-Chavez pleaded guilty to possession of a counterfeit resident alien card. His sentencing guidelines range was 0-6 months in prison. However, the court imposed an 18-month sentence based on evidence of Martinez-Chavez's involvement in a drug conspiracy. Martinez-Chavez appealed, challenging the reasonableness of the longer sentence. The Court of Appeals found that the district court properly calculated the guidelines range and adequately explained the upward variance. It affirmed both Martinez-Chavez's conviction and his 18-month prison sentence.

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    Public Domain
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    United States v. Jesus Martinez-Chavez, 4th Cir. (2011)

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    24 views4 pages
    This document summarizes a United States Court of Appeals case. Jesus Martinez-Chavez pleaded guilty to possession of a counterfeit resident alien card. His sentencing guidelines range was 0-6 months in prison. However, the court imposed an 18-month sentence based on evidence of Martinez-Chavez's involvement in a drug conspiracy. Martinez-Chavez appealed, challenging the reasonableness of the longer sentence. The Court of Appeals found that the district court properly calculated the guidelines range and adequately explained the upward variance. It affirmed both Martinez-Chavez's conviction and his 18-month prison sentence.

    Original Description:

    Filed: 2011-08-17 Precedential Status: Non-Precedential Docket: 10-5215

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    This document summarizes a United States Court of Appeals case. Jesus Martinez-Chavez pleaded guilty to possession of a counterfeit resident alien card. His sentencing guidelines range was 0-6 months in prison. However, the court imposed an 18-month sentence based on evidence of Martinez-Chavez's involvement in a drug conspiracy. Martinez-Chavez appealed, challenging the reasonableness of the longer sentence. The Court of Appeals found that the district court properly calculated the guidelines range and adequately explained the upward variance. It affirmed both Martinez-Chavez's conviction and his 18-month prison sentence.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    24 views4 pages

    United States v. Jesus Martinez-Chavez, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Jesus Martinez-Chavez pleaded guilty to possession of a counterfeit resident alien card. His sentencing guidelines range was 0-6 months in prison. However, the court imposed an 18-month sentence based on evidence of Martinez-Chavez's involvement in a drug conspiracy. Martinez-Chavez appealed, challenging the reasonableness of the longer sentence. The Court of Appeals found that the district court properly calculated the guidelines range and adequately explained the upward variance. It affirmed both Martinez-Chavez's conviction and his 18-month prison sentence.

    Copyright:

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-5215

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    JESUS ARTURO MARTINEZ-CHAVEZ,
    Defendant Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. Louise W. Flanagan,
    Chief District Judge. (7:10-cr-00029-FL-1)

    Submitted:

    August 15, 2011

    Decided:

    August 17, 2011

    Before GREGORY, SHEDD, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    R. Clarke Speaks, THE SPEAKS LAW FIRM PC, Wilmington, North


    Carolina, for Appellant.
    George E. B. Holding, United States
    Attorney, Jennifer P. May-Parker, Eric Evenson, Assistant United
    States Attorneys, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Pursuant to a plea agreement, Jesus Arturo MartinezChavez

    pleaded

    guilty

    to

    possession

    of

    counterfeit

    United

    States Resident Alien card, in violation of 18 U.S.C. 1546(a)


    (2006).

    In his presentence report (PSR), Martinez-Chavez had

    a U.S. Sentencing Guidelines Manual (USSG) (2009) range of


    zero to six months.

    The PSR also noted that the court might

    wish

    upward

    to

    consider

    an

    departure,

    in

    light

    of

    evidence

    establishing Martinez-Chavezs involvement in a drug conspiracy.


    The

    court

    imposed

    imprisonment
    the

    and

    variance

    sentence

    Martinez-Chavez

    reasonableness

    of

    his

    of

    timely

    sentence.

    eighteen

    appealed,
    Finding

    months

    challenging

    no

    error,

    we

    affirm.
    This
    applying

    an

    court

    abuse

    of

    reviews

    sentence

    discretion

    States, 552 U.S. 38, 51 (2007).

    for

    standard.

    reasonableness,
    Gall

    v.

    United

    In evaluating reasonableness,

    we must first determine whether the district court committed any


    significant

    procedural

    errors

    in

    sentencing

    Martinez-Chavez.

    Id.; see United States v. Wilkinson, 590 F.3d 259, 269 (4th Cir.
    2010).
    district

    This
    court

    assessment
    properly

    includes

    calculated

    determining

    whether

    Martinez-Chavezs

    the

    advisory

    Guidelines range, whether it considered the factors enumerated


    in 18 U.S.C. 3553(a) (2006) and any arguments presented by the
    parties, whether it based the sentence on an individualized
    2

    assessment, and whether it sufficiently explained the sentence.


    Gall, 552 U.S. at 50-51; United States v. Carter, 564 F.3d 325,
    328

    (4th

    Cir.

    2009).

    Because

    Martinez-Chavez

    requested

    sentence within the Guidelines range, or, in the alternative, a


    sentence of no more than ten months, his claim of error was
    properly preserved.
    If we find no significant procedural error, we next
    assesses

    the

    Wilkinson,

    substantive

    590

    F.3d

    at

    reasonableness
    269.

    When

    of

    the

    reviewing

    sentence.
    substantive

    reasonableness, we may consider the extent of the deviation


    [from

    the

    recommended

    Guidelines

    range],

    but

    must

    give

    due

    deference to the district courts decision that the 3553(a)


    factors, on a whole, justify the extent of the variance.

    Gall,

    552 U.S. at 51.


    We

    have

    reviewed

    the

    record

    and

    conclude

    that

    the

    district court properly calculated the advisory Guidelines range


    of zero to six months.

    Further, the district court rendered an

    individualized assessment in this case, adequately explained the


    upward

    variance,

    and

    issued

    procedurally

    and

    substantively

    reasonable sentence.
    Accordingly,

    we

    affirm

    Martinez-Chavezs

    conviction

    and sentence.

    We deny as moot his motions to expedite.

    dispense

    oral

    with

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

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