Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 14-4663
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:13-cr-00205-D-1)
Submitted:
Decided:
PER CURIAM:
Sergio Lopez Reyna appeals the aggregate 171-month, withinGuidelines
sentence
imposed
following
his
guilty
pleas
to
Reyna
hearing
leadership
on
the
enhancement,
application
clearly
erred
of
the
when
it
three-level
applied
this
for
acceptance
of
responsibility,
first
an
leadership
challenges
evidentiary
enhancement.
the
hearing
and
imposed
We affirm.
district
on
Ordinarily,
courts
his
we
failure
objection
review
the
to
to
the
district
1990).
raised
for
the
first
time
on
appeal,
Henderson v. United
States, 133 S. Ct. 1121, 1125, 1126 (2013); see Fed. R. Crim. P.
52(b).
Although
the
parties
disagree
as
to
whether
Reyna
While the
After
to
present
information
relevant
to
the
disputed
it
applied
the
three-level
leadership
enhancement.
We
Id.
Id.
United States
A three-level
To
USSG 3B1.1,
participants
or
exercised
management
responsibility.
United States v. Slade, 631 F.3d 185, 190 (4th Cir. 2011).
We conclude that the district court did not clearly err
when it applied this enhancement.
and
where
to
park;
and
directed
two
coconspirators
to
The
responsibility,
sentencing
and
judge
is
thus
. . .
entitled
to
the
great
determination
deference
on
of
the
review.
Elliott v. United States, 332 F.3d 753, 761 (4th Cir. 2003)
(internal alteration and quotation marks omitted).
This court
may reverse the district courts finding only when left with
the
definite
committed.
and
firm
conviction
that
mistake
has
been
perceive
decision.
no
clear
error
in
the
district
courts
See United
Guidelines
range
is
presumptively
[substantively]
reasonable.
306 (4th Cir.) (citation omitted), cert. denied, 135 S. Ct. 421
(2014).
We conclude that Reyna has failed to rebut the presumed
reasonableness of his within-Guidelines sentence.
The district
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED