United States v. Jose Medina-Rivera

MEMORANDUM

Jose Refugio Medina-Rivera appeals the 36-month sentence imposed following his guilty-plea conviction for illegal reentry under 8 U.S.C. § 1826 (a). His prior deportation was subsequent to an aggravated felony conviction, such that he was subject to a 16-level sentencing enhancement under the illegal reentry guideline, U.S.S.G. § 2L1.2. He challenges his sentence on procedural grounds, arguing that the district court failed to appreciate its discretion to vary from the Sentencing Guidelines based on a policy disagreement with § 2L1.2, and failed to adequately explain its reasoning. He further challenges the sentence as substantively unreasonable. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not procedurally err by failing to appreciate fully its discretion under Kimbrough v. United States, 552 U.S. 85, 109 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007), to vary from the Guidelines based on a policy disagreement, or by failing to explain adequately its exercise of that discretion. We recently held…