USA v. Roman Morales-Baigen

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 4, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-13114
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D. C. Docket No. 1:10-cr-00250-MEF-SRW-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROMAN MORALES-BAIGEN,
a.k.a. Roman Morales-Baygen,
a.k.a. Daniel Morales,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Alabama
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(June 4, 2012)
Before DUBINA, Chief Judge, EDMONDSON, Circuit Judge, and RESTANI,*
Judge.
Honorable Jane A. Restani, United States Court of International Trade Judge, sitting by*
designation.

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PER CURIAM:
Roman Morales-Baigen appeals, following his conviction on one count of
re-entering the United States without permission as a previously deported alien
felon. By the time of his sentencing, Morales-Baigen had been deported seven
times from the United States. He was sentenced to 36 months’ imprisonment; he
challenges his sentence as unreasonable.
We conclude that the objection made at sentencing is sufficient to challenge
properly only the length of the sentence, that is, its substantive reasonableness.
But we conclude that the sentence was neither substantively or procedurally
unreasonable. We do not understand the sentencing judge to have found that
Defendant had no employment other than the drug trade. And we note that the
sentence was well below the statutory maximum.
AFFIRMED.
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