On November 4, 2011, the United States Court of Appeals for the Fourth Circuit affirmed this sentence. United States v. Wilson, 452 F. App'x 418 (4th Cir. 2011). On January 28, 2013, Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. ยง 2255, which this Court subsequently denied.
Deterrence and the protection of the public justify a lengthy prison sentence in the defendant's case. See United States v. Rivera-Santana, 668 F.3d 95, 106 (4th Cir. 2012) (finding 240-month sentence for illegal reentry into the United States not unreasonable even though guideline range was 51 to 71 months, based on defendant's serious past criminal history including sexual assault of a child); see also United States v. Wilson, 452 F. App'x 418, 420-21 (4th Cir. 2011) (unpublished) (upholding 240-month sentence where guideline range was 63 to 78 months, based upon past criminal conduct); United States v. Schmidt, 434 F. App'x 193, 194 (4th Cir. 2011) (unpublished) (finding 420-month sentence reasonable where guideline range was 168 to 210 months, based upon prior unprosecuted and repetitive criminal conduct).
Deterrence and the protection of the public justify a lengthy prison sentence in the defendant's case. See United States v. Rivera-Santana, No. 10-5123, 2012 WL 310871, at *8 (4th Cir. Feb. 2, 2012) (finding 240-month sentence for illegal reentry into the United States not unreasonable even though guideline range was 51 to 71 months, based on defendant's serious past criminal history including sexual assault of a child); see also United States v. Wilson, No. 10-4879, 2011 WL 5252696, at *2 (4th Cir. Nov. 4, 2011) (unpublished) (upholding 240-month sentence where guideline range was 63 to 78 months, based upon past criminal conduct); United States v. Schmidt, 34 F. App'x 193, 194 (4th Cir. 2011) (unpublished) (finding 420-month sentence reasonable where guideline range was 168 to 210 months, based upon prior unprosecuted and repetitive criminal conduct). For these reasons, the defendant will be sentenced to a total term of 144 months imprisonment.