United States v. Misael Manjarrez-Felix

MEMORANDUM

Misael Manjarrez-Felix appeals from the district court’s judgment and challenges the four-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Manjarrez-Felix contends that the district court erred by ordering his revocation sentence to run consecutively to his sen tence for illegal reentry. He argues that U.S.S.G. § 5Dl.l(c) creates a presumption that the court impose a concurrent sentence when a deportable alien is sentenced for violating supervised release. We disagree. Section 5D 1.1(c) concerns the imposition of a term of supervised release, not the sentence to be imposed upon revocation. See U.S.S.G. § 5D 1.1(c) (2011). Contrary to Manjarrez-Felix’s argument, the Guidelines recommend that the court impose a consecutive sentence for a supervised release violation. See U.S.S.G. § 7B1.3(f).

Manjarrez-Felix next contends that his sentence is substantively unreasonable because it creates unwarranted sentencing disparities. Contrary to his claim, Man-jarrez-Felix is not similarly situated to defendants who are not serving terms of supervised release. The district court did not abuse its discretion…