Case: 12-16458 Date Filed: 08/08/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-16458
Non-Argument Calendar
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D.C. Docket No. 1:12-cr-00138-JEC-AJB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL VARGAS-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(August 8, 2013)
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Daniel Vargas-Ramirez appeals his sentence of 33 months of imprisonment
following his plea of guilty to reentering the United States after being deported. 8
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U.S.C. § 1326(a), (b)(2). Vargas-Ramirez argues that his sentence is unreasonable.
We affirm.
Vargas-Ramirez’s sentence is reasonable. Vargas-Ramirez had an extensive
criminal history that included six prior convictions for driving under the influence,
shoplifting, fleeing to elude a police officer, and various traffic offenses. And
Vargas-Ramirez had been removed three times from the United States when
officers discovered him again driving under the influence. The district court found
“[un]acceptable” that Vargas-Ramirez “ke[pt] entering illegally and disobeying our
laws and endangering our citizenry” and reasonably determined that a sentence at
the low end of the recommended guidelines range of 33 to 41 months of
imprisonment was necessary to promote respect for the law, provide just
punishment, deter Vargas-Ramirez from future similar conduct, and to protect the
public. 18 U.S.C. § 3553(a)(2). Vargas-Ramirez argues that the district court gave
undue deference to the sentencing range that resulted from enhancing his offense
level by eight points for being deported after committing a shoplifting offense, see
United States Sentencing Guidelines Manual § 2L1.2(b)(1)(c) (Nov. 2011), but the
district court took into account the enhancement by imposing a sentence at the low
end instead of the high end of the sentencing range. The district court did not
abuse its discretion when it sentenced Vargas-Ramirez to a term of 33 months,
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which was well below the statutory maximum penalty of 20 years of
imprisonment.
We AFFIRM Vargas-Ramirez’s sentence.
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