Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
11-5-2007
USA v. Rios
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-3839
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"USA v. Rios" (2007). 2007 Decisions. Paper 267.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-3839 and 06-3841
UNITED STATES OF AMERICA,
v.
RAMON CONTRERAS RIOS,
Appellant in No. 06-3839
UNITED STATES OF AMERICA,
v.
RAMON CONTRERES RIOS,
a/k/a Gilberto Rios
Ramon Contreras Rios,
Appellant in No. 06-3841
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Criminal No. 05-cr-00316 and 06-mc-00131)
District Judge: Hon. Yvette Kane, Chief District Judge
Submitted Pursuant to Third Circuit LAR 34.1(a)
October 26, 2007
1
BEFORE: FISHER, STAPLETON and COWEN, Circuit Judges
(Filed: November 5, 2007)
OPINION
COWEN, Circuit Judge.
Ramon Contreras Rios appeals from his criminal sentences. He contends
that his sentences were unreasonable and that they constitute cruel and unusual
punishment. We will affirm.
I.
Rios was sentenced by the United States District Court for the District of
Utah to sixty (60) months imprisonment to be followed by five years of supervised release
for possession with intent to distribute cocaine as well as aiding and abetting. He was
deported to Mexico. Before his five-year period of supervised release expired, Rios
returned to the United States.
After his reentry into the United States, Rios was arrested for driving under
the influence of alcohol (“DUI”) in Gettysburg, Pennsylvania. Subsequently, he was
charged with violating the terms of his supervised release from the Utah conviction 1 and
unlawful reentry into the United States by a deported alien in violation of 8 U.S.C.
1
Jurisdiction was transferred from the District of Utah to the Middle District of
Pennsylvania on the violation of supervised release charge.
2
§ 1326. After pleading guilty to these charges, the District Court sentenced Rios to fifty-
seven (57) months imprisonment on the illegal reentry charge, to be followed by a
consecutive six (6) month sentence on the violation of supervised release charge. This
appeal followed.
II.
We have jurisdiction to review Rios’ sentences for unreasonableness
pursuant to 18 U.S.C. § 3742(a)(1). In reviewing a sentence, we must determine whether
the sentence is reasonable under United States v. Booker, 543 U.S. 220 (2005). In
determining whether the District Court acted reasonably in imposing a sentence, “we
must first be satisfied the court exercised its discretion by considering the relevant [18
U.S.C. § 3553(a)] factors.” United States v. Cooper, 437 F.3d 324, 329 (3d Cir.
2006)(citing United States v. Cunningham, 429 F.3d 673, 679 (7th Cir. 2005)). “The
record must demonstrate the trial court gave meaningful consideration to the § 3553(a)
factors,” which include the range suggested by the advisory sentencing guidelines. See
id. at 329-30 (citations omitted). However, the court need not “discuss a defendant’s
clearly nonmeritorious arguments, or otherwise ‘discuss and make findings as to each of
the § 3553(a) factors if the record makes clear the court took the factors into account in
sentencing.’” United States v. Bungar, 478 F.3d 540, 543 (3d Cir. 2007)(quoting Cooper,
437 F.3d at 329). Additionally, the party challenging the sentence has the burden of
proving that it is unreasonable. See Cooper, 437 F.3d at 332 (citation omitted).
3
Rios argues that his fifty-seven month sentence was unreasonable in light of
the facts surrounding his reentry into the United States.2 With respect to this sentence, the
District Court stated,
I think under all of the circumstances, the defendant’s
background, his reasons for reentry, the conduct in which he
engaged upon reentry, all of these things suggest to the Court
that the guideline range [fifty-seven to seventy-one months],
while appropriate, is one that can be used to serve all of the
interests, the penal interests, the need to punish the defendant,
to deter any future illegal conduct, by adjusting it so that the
defendant is sentenced at the very bottom of this guideline
range.
Unlike a lot of people who engage in illegal reentry, he does
not appear to have been motivated by returning to engage in
drug trafficking or some other illegal conduct. I think his
reasons were understandable and good, but obviously, as he
admits, he violated the law. So we do need to deter his future
illegal conduct and future illegal attempts to reenter, but I
think the 57 months certain can accomplish that goal.
(App. 29-30). The District Court’s statements adequately reflect its reasoning for
imposing the fifty-seven month sentence. Rios fails to satisfy his burden that this
sentence was unreasonable.
Rios also asserts that the District Court’s six-month sentence on the
violation of supervised release charge was unreasonable. He argues that the District
Court, at a minimum, should have ordered this sentence to run concurrent with his fifty-
2
Rios apparently reentered the United States after finding out that the mother of his
child had passed away. After her mother’s death, the child’s maternal grandparents took
care of Rios’ daughter.
4
seven month sentence. In imposing this consecutive sentence, the District Court noted
that it was taking into account the Section 3553 factors. Ultimately, the District Court
determined that Rios should serve some punishment for the violation of supervised
release in light of the DUI, independent of his illegal reentry. Rios again fails to satisfy
his burden that this sentence was unreasonable.3
III.
The judgments of the District Court entered on August 9, 2006, will be
affirmed.
3
We also reject Rios’ argument that his sentences constituted cruel and unusual
punishment.
5