USA vs Jose Luis Aguilar-Arraiza

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEBRUARY 22, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-13006
Non-Argument Calendar
________________________
D.C. Docket No. 8:10-cr-00073-SDM-TGW-1
UNITED STATES OF AMERICA,
llllllllllllllllllPlaintiff-Appellee,
versus
JOSE LUIS AGUILAR-ARRAIZA,
a.k.a. Jose Luis Alvarez-Arraiza,
a.k.a. Jose Luis Aguilera-Arraiza,
a.k.a. Jose Luis Alvarez,
a.k.a. Fernando Garza,
a.k.a. Jose Luis Alvarez-Gutierrez,
a.k.a. Jesse Luis Alvarez,
a.k.a. Jose Alvarez,
llllllllllllllll ll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(February 22, 2011)

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Before MARCUS, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Jose Luis Aguilar-Arraiza appeals the reasonableness of his sentence of
imprisonment for 110 months following his plea of guilt to illegal re-entry into the
United States after deportation for an aggravated felony. 8 U.S.C. § 1326(a),
(b)(2). Aguilar-Arraiza’s latest conviction followed four deportations in 1974,
1977, 1996, and 2007 and several earlier convictions. We affirm.
Our review of a sentence for reasonableness is a deferential standard of
review for abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct.
586, 597 (2007).
Aguilar-Arraiza’s sentence is reasonable. The district court correctly
calculated the guideline range of 70 to 87 months and considered the statutory
sentencing factors. 18 U.S.C. § 3553(a). The district court reasonably concluded
that an upward variance was necessary to reflect the seriousness of the offense,
promote respect for the law, provide just punishment, and afford adequate
deterrence. The district court did not abuse its discretion in sentencing Aguilar-
Arraiza to 110 months of imprisonment.
AFFIRMED.
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