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    United States v. Carlos Cordova, 11th Cir. (2015)

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    Carlos Cordova appealed his total sentence of 44 months for illegally reentering the United States and violating the terms of his supervised release. The court affirmed the sentence, finding that Cordova's repeated illegal entries and traffic violations demonstrated indifference to laws, and that consecutive sentences at the high end of the guidelines were warranted to deter future criminal acts and protect the public, given Cordova's lack of regard for supervised release and the maximum remaining penalty needed for his violations. The court concluded the 44-month sentence, well below the statutory maximum, was reasonable.

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    United States v. Carlos Cordova, 11th Cir. (2015)

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    Carlos Cordova appealed his total sentence of 44 months for illegally reentering the United States and violating the terms of his supervised release. The court affirmed the sentence, finding that Cordova's repeated illegal entries and traffic violations demonstrated indifference to laws, and that consecutive sentences at the high end of the guidelines were warranted to deter future criminal acts and protect the public, given Cordova's lack of regard for supervised release and the maximum remaining penalty needed for his violations. The court concluded the 44-month sentence, well below the statutory maximum, was reasonable.

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    Filed: 2015-07-10 Precedential Status: Non-Precedential Docket: 14-15627

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    Carlos Cordova appealed his total sentence of 44 months for illegally reentering the United States and violating the terms of his supervised release. The court affirmed the sentence, finding that Cordova's repeated illegal entries and traffic violations demonstrated indifference to laws, and that consecutive sentences at the high end of the guidelines were warranted to deter future criminal acts and protect the public, given Cordova's lack of regard for supervised release and the maximum remaining penalty needed for his violations. The court concluded the 44-month sentence, well below the statutory maximum, was reasonable.

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    46 views5 pages

    United States v. Carlos Cordova, 11th Cir. (2015)

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    Scribd Government Docs
    Carlos Cordova appealed his total sentence of 44 months for illegally reentering the United States and violating the terms of his supervised release. The court affirmed the sentence, finding that Cordova's repeated illegal entries and traffic violations demonstrated indifference to laws, and that consecutive sentences at the high end of the guidelines were warranted to deter future criminal acts and protect the public, given Cordova's lack of regard for supervised release and the maximum remaining penalty needed for his violations. The court concluded the 44-month sentence, well below the statutory maximum, was reasonable.

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    of 5

    Case: 14-15627

    Date Filed: 07/10/2015

    Page: 1 of 5

    [DO NOT PUBLISH]

    IN THE UNITED STATES COURT OF APPEALS


    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-15627
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 4:14-cr-10015-JEM-1

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    versus
    CARLOS CORDOVA,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (July 10, 2015)
    Before TJOFLAT, WILSON and WILLIAM PRYOR, Circuit Judges.
    PER CURIAM:

    Case: 14-15627

    Date Filed: 07/10/2015

    Page: 2 of 5

    Carlos Cordova appeals his sentence of 44 months of imprisonment for the


    revocation of his supervised release, 18 U.S.C. 3583(e), and for his conviction
    for reentering the United States illegally, 8 U.S.C. 1326(a), (b)(1). Cordova
    argues that his sentence is substantively unreasonable. We affirm.
    In 2009, Cordova pleaded guilty to entering the United States illegally after
    being deported in 2005. Id. Cordova was deported after completing his sentence
    for leaving the scene of an accident involving a death. Cordova drove his vehicle in
    a canal, swam away, and allowed his passenger to drown without seeking
    assistance or notifying the police. His criminal past also included convictions in
    2008 of driving with a revoked license, in 2000 for unlawful driving as an habitual
    traffic offender, and in 1998 for driving with a suspended license and obstruction
    of justice. Based on that record, the district court sentenced Cordova to 18 months
    of imprisonment and 3 years of supervised release.
    In 2012, the district court revoked Cordovas supervised release for driving
    without a license and sentenced him to 13 months of imprisonment and 23 months
    of supervised release. Immigration officials deported Cordova, but he reentered the
    United States illegally and was arrested by Florida officers for a traffic violation.
    The government petitioned to revoke Cordovas supervised release a second time.
    In the meantime, Cordova pleaded guilty to reentering the United States
    illegally. Id. Cordovas presentence investigation report recounted his criminal
    2

    Case: 14-15627

    Date Filed: 07/10/2015

    Page: 3 of 5

    history and numerous traffic offenses. With an adjusted offense level of 12, United
    States Sentencing Guidelines Manual 2L1.2(a), (b)(1)(D) (Nov. 2014), and a
    criminal history of IV, Cordova faced an advisory guideline range of 21 to 27
    months of imprisonment.
    The district court consolidated Cordovas reentry proceeding and the petition
    for revocation of his supervised release. Cordova admitted that he had reentered
    the country illegally and committed traffic violations, and the district court revoked
    his supervised release. Based on Cordovas acceptance of responsibility, the
    district court reduced the offense level for his reentry offense from 12 to 10, which
    resulted in a revised advisory guideline range of 15 to 21 months.
    With respect to Cordovas second violation of supervised release, the district
    court considered the parties arguments and the information in the petition for
    revocation, and determined that a sentence within the advisory guideline range of
    18 to 24 months was appropriate. See U.S.S.G. 7B1.1(a)(2), 7B1.4(a). Because
    the maximum statutory sentence that Cordova faced was 36 months, and he had
    served 13 months for his first violation, the district court sentenced him to 23
    months. For Cordovas reentry offense, the district court considered the parties
    arguments, the presentence investigation report, and the statutory sentencing
    factors and sentenced Cordova to 21 months. The district court ordered that
    Cordovas sentences run consecutively.
    3

    Case: 14-15627

    Date Filed: 07/10/2015

    Page: 4 of 5

    The district court did not abuse its discretion by sentencing Cordova to 23
    months for the second violation of his supervised release and to a consecutive term
    of 21 months for reentering the United States illegally. The district court
    determined that Cordovas criminal history . . . underrepresented the multiple
    occasions[ that he had] come into the country illegally and his repetitive traffic
    violations, one of which evidenced a callous disregard for human life.
    Cordovas indifference to our rules and laws made him, as stated by the district
    court, a menace to the community that warranted sentences to the maximum
    remaining penalty for violating his supervised release and to the high end of the
    revised sentencing range for his illegal reentry. Those sentences, the district court
    reasonably determined, were required to address Cordovas lackadaisical attitude
    about supervised release, see 18 U.S.C. 3583(c), 3553(a), and to provide
    adequate punishment, to protect the public, and to deter Cordova from continuing
    to reenter this country illegally, see id. 3553(a). Based on those factors, the
    district court also reasonably decided to order that Cordovas sentences run
    consecutively. Id. 3584(b). Although Cordova entered the country ostensibly to
    see his wife and children, the district court determined that Cordovas criminal
    history warranted a lengthy sentence. Cordovas sentence of 44 months, which is
    well below the maximum statutory penalty of 10 years for his illegal reentry, is
    reasonable. See United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008).
    4

    Case: 14-15627

    Date Filed: 07/10/2015

    We AFFIRM Cordovas sentence.

    Page: 5 of 5

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