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    United States v. Alberto Valenzuela-Cueves, 4th Cir. (2013)

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    This document discusses an appeal of a 168-month sentence for possession with intent to distribute cocaine and cocaine base. The appellate court found the sentence to be procedurally and substantively reasonable when measured against statutory sentencing factors.

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    Public Domain
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    United States v. Alberto Valenzuela-Cueves, 4th Cir. (2013)

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    This document discusses an appeal of a 168-month sentence for possession with intent to distribute cocaine and cocaine base. The appellate court found the sentence to be procedurally and substantively reasonable when measured against statutory sentencing factors.

    Original Description:

    Filed: 2013-03-28 Precedential Status: Non-Precedential Docket: 12-4576

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    This document discusses an appeal of a 168-month sentence for possession with intent to distribute cocaine and cocaine base. The appellate court found the sentence to be procedurally and substantively reasonable when measured against statutory sentencing factors.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    34 views3 pages

    United States v. Alberto Valenzuela-Cueves, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document discusses an appeal of a 168-month sentence for possession with intent to distribute cocaine and cocaine base. The appellate court found the sentence to be procedurally and substantively reasonable when measured against statutory sentencing factors.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-4576

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ALBERTO VALENZUELA-CUEVES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., Chief District Judge. (1:10-cr-00419-WO-1)

    Submitted:

    March 26, 2013

    Decided:

    March 28, 2013

    Before DUNCAN, FLOYD, and THACKER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen III, Federal Public Defender, Mireille P. Clough,


    Assistant
    Federal
    Public
    Defender,
    Winston-Salem,
    North
    Carolina, for Appellant.
    Ripley Rand, United States Attorney,
    Sandra
    J.
    Hairston,
    Assistant
    United
    States
    Attorney,
    Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Alberto

    Valenzuela-Cueves

    appeals

    the

    168-month

    sentence imposed by the district court following his guilty plea


    to possession with intent to distribute 6,928.7 grams of cocaine
    and 1,747.9 grams of cocaine base, in violation of 21 U.S.C.A.
    841(a)(1), (b)(1)(A) (West 1999 & Supp. 2012).
    Valenzuela-Cueves
    was

    contends

    substantively

    that

    unreasonable

    the

    district

    when

    U.S.C. 3553(a) (2006) factors.

    On appeal,

    courts

    measured

    sentence

    against

    the

    18

    Finding no error, we affirm.

    We must evaluate a procedurally reasonable sentence *


    for

    substantive

    reasonableness,

    totality of the circumstances.


    38,

    51

    (2007).

    If

    the

    tak[ing]

    into

    account

    the

    Gall v. United States, 552 U.S.

    sentence

    imposed

    is

    within

    the

    appropriate Sentencing Guidelines range, as in this case, it is


    presumptively reasonable.

    United States v. Abu Ali, 528 F.3d

    210, 261 (4th Cir. 2008).

    The presumption may be rebutted by a

    showing that the sentence is unreasonable when measured against


    the 3553(a) factors.
    F.3d

    375,

    omitted).

    379
    We

    (4th

    United States v. Montes-Pineda, 445

    Cir.

    conclude

    2006)

    that,

    (internal

    under

    the

    quotation
    totality

    marks
    of

    the

    circumstances, Valenzuela-Cueves failed to rebut the presumption

    Valenzuela-Cueves does not challenge


    procedural reasonableness of the sentence.

    on

    appeal

    the

    of

    reasonableness

    Thus,

    the

    afforded

    district

    court

    to

    the

    did

    within-Guidelines

    not

    abuse

    its

    sentence.

    discretion

    sentencing Valenzuela-Cueves to 168 months imprisonment.

    in
    See

    United States v. Lynn, 592 F.3d 572, 576, 578 (4th Cir. 2010)
    (providing standard of review).
    Accordingly, we affirm the district courts judgment.
    We

    dispense

    contentions

    with
    are

    oral

    argument

    adequately

    because

    presented

    in

    the

    facts

    and

    the

    materials

    legal
    before

    this court and argument would not aid the decisional process.
    AFFIRMED

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