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United States v. Abreu-Garcia

United States Court of Appeals, First Circuit

July 31, 2019

UNITED STATES OF AMERICA, Appellee,
v.
CARLOS ABREU-GARCÍA, a/k/a Jorge Mejias-García, a/k/a Adalberto Kotts-Pérez, a/k/a Adalberto Pérez, Defendant, Appellant.

          APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Francisco A. Besosa, U.S. District Judge]

          Irma R. Valldejuli on brief for appellant.

          David C. Bornstein, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, and Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief, Appellate Division, on brief for appellee.

          Before Lynch, Thompson, and Kayatta, Circuit Judges.

          LYNCH, CIRCUIT JUDGE.

         This is a sentencing appeal. After two previous deportations, Carlos Abreu-García pleaded guilty to reentering the United States illegally as a removed alien. 8 U.S.C. § 1326(b)(2). He was given a mid-range sentence of forty months of imprisonment and three years of supervised release. Abreu now challenges the procedural and substantive reasonableness of his sentence. Finding no error, we affirm his sentence.

         I.

         A. Facts

         Since Abreu pleaded guilty, we draw the facts from the plea agreement, the presentence investigation report (PSR), and the sentencing hearing transcript. See United States v. Colón-Rosario, 921 F.3d 306, 309 (1st Cir. 2019). Abreu was born and raised in the Dominican Republic. In 2005, at the age of twenty-eight, Abreu entered the United States on a tourist visa and stayed after the visa expired. Between 2005 and 2013, Abreu lived in Boston, Massachusetts; the Bronx, New York; and Allentown, Pennsylvania. Abreu's wife and daughter, as well as his wife's son from a previous relationship, live in Boston. Abreu also has a daughter from another relationship who lives in the Bronx.

         On January 1, 2014, Abreu was convicted of possession of a controlled substance (heroin). When arrested, he had provided the false name "Adalberto Kotts-Pérez." Abreu was sentenced to four years' imprisonment and five years' post-release supervision. On August 21, 2014, an immigration judge ordered Abreu removed from the United States, and he was removed to the Dominican Republic on July 21, 2015.

         On August 21, 2016, Abreu was apprehended by United States Border Patrol near Miami, Florida. Abreu was then convicted of illegally reentering the United States, 8 U.S.C. §§ 1326(a), (b)(1), and sentenced to ten months' imprisonment and three years' supervised release. Abreu was again deported to the Dominican Republic on July 5, 2017.

         In or about October 2017, Abreu reentered the United States by boat, landing on an unknown beach in Puerto Rico. On November 22, 2017, he was apprehended at the airport in San Juan, Puerto Rico, while attempting to board a flight to New York City. Abreu presented the officials with a false driver's license with the name "Jorge Mejias-García." After learning that Abreu had entered the United States illegally after two previous deportations, the agents arrested him.

         B. Procedural History

         On February 27, 2018, Abreu pleaded guilty to reentering the United States illegally as a removed alien, 8 U.S.C. § 1326(b)(2). In the plea agreement, the parties stipulated that Abreu's base offense level was eight. The plea agreement stipulated to an eight-level enhancement for a prior felony conviction, a four-level enhancement for a felony conviction that is an illegal reentry offense, and a three-level reduction for timely acceptance of responsibility, for a total offense level of seventeen. The parties jointly recommended a sentence of thirty ...


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