United States of America v. Leyda Rey-Gonzalez

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
__________
No. 08-1423
UNITED STATES OF AMERICA,
v.
LEYDA REY-GONZALEZ,
Appellant.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D. C. No. 1-05-cr-00430-001)
District Judge: Hon. James Knoll Gardner
Submitted under Third Circuit LAR 34.1(a)
on February 3, 2009
Before: RENDELL, JORDAN and ROTH, Circuit Judges
(Opinion filed 6/1/09)
O P I N I O N

-- 1 of 2 --

2
ROTH, Circuit Judge:
Leyda Rey-Gonzalez appeals from a judgment of sentence after pleading guilty to
violating five conditions of supervised release. The District Court had jurisdiction pursuant
to 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. §
3742(a)(1). We review the District Court’s sentence for “reasonableness with regard to the
factors set forth in 18 U.S.C. § 3553(a).” United States v. Bungar, 478 F.3d 540, 542 (3d
Cir. 2007). Reasonableness review entails an inquiry into “whether the trial court abused its
discretion.” Rita v. United States, 551 U.S. 338, 127 S. Ct. 2456, 2465 (2007). We will
affirm.
We assume the parties’ familiarity with the facts and the record of prior proceedings,
which we describe only as necessary to explain our decision.
Rey-Gonzalez argues that her below-Guidelines sentence of 18 months imprisonment
followed by 42 months of supervised release was unreasonable because she had made
substantial improvements in her life and posed no danger to society. The District Court,
however, adequately accounted for these circumstances as well as the other § 3553 factors.
We have reviewed the District Court’s sentencing colloquy and written judgment and found
no error.
Accordingly, we will affirm the judgment of sentence.

-- 2 of 2 --