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U.S. v. Pena-Castillo

United States Court of Appeals, Second Circuit
May 4, 2011
421 F. App'x 85 (2d Cir. 2011)

Opinion

No. 09-4058-cr.

May 4, 2011.

Appeal from a judgment of conviction of the United States District Court for the Southern District of New York (Gardephe, J.) sentencing Defendant-Appellant Euclides Pena-Castillo principally to 45 months in prison for illegally reentering the United States after having been deported following a conviction for the commission of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgement of the district court be AFFIRMED.

Randa D. Maher, Law Offices of Randa D. Maher, Great Neck, NY, for Defendant-Appellant Euclides Pena-Castillo.

Amie N. Ely, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, Of Counsel on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee United States of America.

PRESENT: JOSEPH M. McLAUGHLIN, GUIDO CALABRESI, PETER W. HALL, Circuit Judges.


SUMMARY ORDER

We assume the parties' familiarity with the facts, procedural history, and issues on appeal. Pena-Castillo argues that the United States Sentencing Guidelines's prior conviction sentencing enhancement for illegal reentry cases, U.S.S.G. § 2L1.2(b)(1)(A)(ii), is unreasonable on its face. As such, he claims that it was an abuse of discretion for the district court to sentence him, in part, on the basis of this enhancement.

We note, first, that Pena-Castillo does not appear to have fully raised this point in the district court, an omission that would limit our review to plain error. See United States v. Bonilla, 618 F.3d 102, 111 (2d Cir. 2010). Pena-Castillo's claim fails under any standard of review, however, because we have already decided that a district court's application of U.S.S.G. § 2L1.2(b)(A)(ii) is not by itself grounds for reversal. See United States v. Perez-Frias, 636 F.3d 39, 43-44 (2d Cir. 2011); see also Bonilla, 618 F.3d at 105, 111.

Accordingly, the judgment of the district court is AFFIRMED.


Summaries of

U.S. v. Pena-Castillo

United States Court of Appeals, Second Circuit
May 4, 2011
421 F. App'x 85 (2d Cir. 2011)
Case details for

U.S. v. Pena-Castillo

Case Details

Full title:UNITED STATES of America, Appellee, v. Euclides PENA-CASTILLO, also known…

Court:United States Court of Appeals, Second Circuit

Date published: May 4, 2011

Citations

421 F. App'x 85 (2d Cir. 2011)