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No. 11-4607
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Robert G. Doumar, Senior
District Judge. (2:10-cr-00164-RGD-DEM-1)
Submitted:
Decided:
January 4, 2012
PER CURIUM:
Ricardo
reentering
subsequent
the
to
Elvin
Martinez
United
States
felony
guilty
after
conviction,
having
in
to
illegally
been
deported
violation
of
U.S.C.
ninety-month
sentence.
sentence
substantively
is
pled
On
appeal,
Martinez
unreasonable.
argues
Finding
that
no
error,
his
we
affirm.
We review a sentence imposed by a district court for
reasonableness,
standard.
applying
deferential
abuse-of-discretion
not
sentence.
challenge
the
procedural
Martinez
reasonableness
of
his
n.6 (4th Cir. 1999) (noting that partys failure to raise issue
in opening brief results in abandonment of issue).
We
sentence
examine
under
the
the
substantive
totality
of
the
reasonableness
circumstances.
of
United
This court
United States v.
Such a
when
measured
(2006)] factors.
against
the
[18
U.S.C.
3553(a)
argues
that
his
sentence
of
reasonableness
enhancement
he
received
sixteen-level
presumption
should
not
because
pursuant
to
be
the
U.S.
based
on
the
Sentencing
Commissions
This
characteristic
argument
amounts
564 F.3d 357, 366-67 (5th Cir. 2009) (recognizing that appellate
courts
are
not
require[d
to]
discard[]
the
presumption
[of
enhancement,
is
unreasonably
large
and
for
downward
decision
to
departure
impose
and
had
reasoned
within-Guidelines
basis
sentence
in
for
its
light
of
the
district
relevant
court
3553(a)
did
not
factors.
abuse
its
We
conclude
discretion
in
that
the
imposing
dispense
with
oral
argument
because
the
facts
and
legal