UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4990
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GUILLERMO JUAREZ-HUARTE, a/k/a Guillermo
Juarez-Huarota,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., District
Judge. (CR-05-702-GRA)
Submitted: March 30, 2006 Decided: April 5, 2006
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David W. Plowden, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. Maxwell Barnes Cauthen, III, OFFICE
OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Guillermo Juarez-Huarte pled guilty to a single count of
re-entry after deportation following a conviction for an aggravated
felony, in violation of 8 U.S.C. § 1326(a) (2000). The district
court sentenced Juarez-Huarte to twenty-seven months’ imprisonment,
three years of supervised release, and ordered payment of a $100
statutory assessment.* Juarez-Huarte’s counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), stating that
there are no meritorious grounds for appeal, but questioning
whether the sentence imposed was reasonable. Juarez-Huarte was
given an opportunity to file a pro se brief, but has failed to do
so.
We review Juarez-Huarte’s sentencing claim on appeal for
plain error. United States v. Hughes, 401 F.3d 540, 547 (4th Cir.
2005). After United States v. Booker, 543 U.S. 220 (2005), a
sentencing court is no longer bound by the range prescribed by the
sentencing guidelines. See Hughes, 401 F.3d at 546. However, in
determining a sentence post-Booker, sentencing courts are still
*
The probation officer calculated a sentencing guideline range
of 27 to 33 months’ imprisonment. This calculation was founded on
an adjusted offense level of 20 (the base offense level was 8
pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 2L1.2(a)
(2004), to which the probation officer added twelve levels pursuant
to USSG § 2L1.2(b)(1)(B) because Juarez-Huarte had a prior
conviction for a felony drug trafficking offense), yielding a total
offense level of 17, after a three-level reduction for acceptance
of responsibility pursuant to USSG §§ 3E1.1(a), (b). The probation
officer also assigned Juarez-Huarte a criminal history category of
II based on the aforementioned felony drug trafficking offense.
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required to calculate and consider the guideline range prescribed
thereby as well as the factors set forth in 18 U.S.C.A. § 3553(a)
(West 2000 & Supp. 2005). Id. A sentence imposed “within the
properly calculated Guidelines range . . . is presumptively
reasonable.” United States v. Green, 436 F.3d 449, 456 (4th Cir.
2006). We find the district court here properly consulted the
Guidelines and took them into account in determining Juarez-
Huarte’s sentence, that it made all the factual findings
appropriate for that determination, considered the sentencing range
along with the other factors described in § 3553(a), and imposed a
sentence that was “within the statutorily prescribed range and
. . . reasonable.” Hughes, 401 F.3d at 546-47.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. We therefore affirm Juarez-Huarte’s conviction and
sentence. This court requires that counsel inform his client, in
writing, of his right to petition the Supreme Court of the United
States for further review. If the client requests that a petition
be filed, but counsel believes that such a petition would be
frivolous, then counsel may move in this court for leave to
withdraw from representation. Counsel’s motion must state that a
copy thereof was served on the client.
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We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
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