United States v. William Calderon-Perez

MEMORANDUM

William Calderon-Perez appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Calderon-Perez first contends that the district court erred by mechanically applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). The record shows that the district court permissibly applied the enhancement, and properly considered the factors set forth in 18 U.S.C. § 3553 (a) and the totality of the circumstances. See Kimbrough v. United States, 552 U.S. 85, 108-11 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007) (holding that a court may but is not required to vary from the recommendations of the Sentencing Commission even assuming that the Guideline is not based on empirical data or national experience).

Calderon-Perez next contends that the court imposed an impermissibly high sentence because it exceeded the statutory maximum established by his admissions and the Sentencing Guidelines. The district court did not err because the sentence did not exceed the statutory maximum, as established by the statute of…