[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
__________________________
No. 10-15274 FILED
Non-Argument Calendar U.S. COURT OF APPEALS
__________________________ ELEVENTH CIRCUIT
FEB 23, 2012
D. C. Docket No. 1:10-cr-00234-JOF-JFK-1 JOHN LEY
CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUVENTINO CHAVEZ-ROMERO,
a.k.a. Juventino Chavez,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________________________
(February 23, 2012)
Before EDMONDSON, WILSON and BLACK, Circuit Judges.
PER CURIAM:
Juventino Chavez-Romero appeals his 57-month sentence after pleading
guilty to illegally reentering the United States after having been deported, 8 U.S.C.
§ 1326(a) and (b)(2). No reversible error has been shown; we affirm. The
sentence was a reasonable one.
On appeal, Chavez-Romero argues that his sentence -- imposed below the
guidelines range of 63 to 78 months’ imprisonment -- is substantively
unreasonable because it was greater than necessary to achieve the goals of 18
U.S.C. § 3553(a). We disagree.
In addition, “[i]t is a cardinal rule of appellate review that a party may not
challenge as error a ruling or other trial proceeding invited by that party.” United
States v. Love, 449 F.3d 1154, 1157 (11th Cir. 2006). Thus, an alleged error
cannot serve as grounds for reversal if the appealing party “induces or invites the
district court into making [the alleged] error.” Id.
Chavez-Romero concedes that the district court assigned him properly a
criminal history category of IV. At his sentencing hearing, however, he argued
that, because four of his seven criminal history points were for driving offenses,
the district court should depart downward and sentence him based on a criminal
history category of II. He requested specifically a sentence with the Category II
guideline range of 46 to 57 months’ imprisonment. He got a 57-month Category II
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sentence. Because the district court granted Chavez-Romero’s request for a
downward departure and sentenced him within the range he requested, Chavez-
Romero is now precluded from challenging the very act that he asked the district
court to undertake. Furthermore, the sentence is reasonable given all the
circumstances.
AFFIRMED.
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