United States v. Adalberto Rivera

MEMORANDUM

Adalberto Rivera pleaded guilty to bringing in an illegal alien without presentation and aiding and abetting in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) and 18 U.S.C. § 2 . He appeals from the 48-month sentence of imprisonment imposed by the district court as both procedurally flawed and substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In January 2011, Rivera entered into a plea agreement with the United States in which he agreed to plead guilty to charges against him. Rivera and the United States jointly recommended a sentence of 18 months incarceration. In February 2011, the United States Probation Office disclosed a Presentence Report (“PSR”) containing its recommended Guidelines range. The PSR noted that Rivera had been convicted under § 1324 twice before, once in 1998 and once in 2005, and had received sentences of 36 and 30 months of incarceration, respectively. The PSR also applied a two-level enhancement for “intentionally or recklessly creating a substantial risk of death or serious bodily injury” to the transported alien pursuant to U.S.S.G. § 2Ll.l(b)(6). Based on the resulting Guidelines range of 24-30 months, it…