FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Francisco A. Besosa, U.S. District Judge]
R. Valldejuli on brief for appellant.
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.
Lynch, Thompson, and Kayatta, Circuit Judges.
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.
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.
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
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.
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
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 ...