[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-12809 JAN 04, 2011
JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 1:09-cr-00485-RWS-LTW-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER ROJAS-RAMIREZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(January 4, 2011)
Before BLACK, HULL and MARTIN, Circuit Judges.
PER CURIAM:
Javier Rojas-Ramirez appeals his 57-month sentence imposed after he
pleaded guilty to illegally re-entering the United States after deportation in
violation of 8 U.S.C. § 1326(a). Rojas-Ramirez argues his bottom-of-the-
Guidelines-range sentence is substantively unreasonable because the sentence
overstates his criminal history and overemphasizes his negative personal
characteristics. After review, we affirm Rojas-Ramirez’s sentence.1
Rojas-Ramirez fails to demonstrate his sentence is substantively
unreasonable in light of the record and the § 3553(a) factors. In fashioning the
sentence, the district court stressed Rojas-Ramirez's recidivist violation of U.S.
immigration law, Rojas-Ramirez's violence toward his family, and the need for a
"serious penalty" to deter repetitious violation of the U.S. immigration laws.
Rojas-Ramirez has entered the United States illegally at least three times in the
past 30 years and has been deported twice. The 57-month sentence occupies the
bottom of the applicable Guidelines range of 57 to 71 months, and we ordinarily
expect such a sentence to be reasonable. See United States v. Talley, 431 F.3d
784, 788 (11th Cir. 2005). Because Rojas-Ramirez's sentence is supported by the
1
We review a final sentence imposed by the district court for reasonableness. United
States v. Winingear, 422 F.3d 1241, 1245 (11th Cir. 2005). Reasonableness review is akin to the
deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007).
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§ 3553(a) factors, the district court did not abuse its discretion in sentencing
Rojas-Ramirez to 57 months' imprisonment.
AFFIRMED.
3