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United States v. Gonzalez

United States Court of Appeals, Eighth Circuit

February 4, 2014

United States of America, Plaintiff-Appellee
v.
Milton Gonzalez, also known as Milton Chavez-Estrada, also known as Edwardo, Trevion, also known as Gilberto Morales, Defendant-Appellant

Submitted November 18, 2013.

Appeal from United States District Court for the District of Minnesota - St. Paul.

For United States of America, Plaintiff - Appellee: James Lackner, Clifford Ben Wardlaw, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Saint Paul, MN.

Milton Gonzalez, also known as Milton Chavez-Estrada, also known as Edwardo Trevion, also known as Gilberto Morales, Defendant - Appellant, Pro se, Rochester, MN.

For Milton Gonzalez, also known as Milton Chavez-Estrada, also known as Edwardo Trevion, also known as Gilberto Morales, Defendant - Appellant: Katherine M. Menendez, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Minneapolis, MN.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.

OPINION

Page 816

KELLY, Circuit Judge.

Milton Gonzalez pled guilty to one count of illegal reentry subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court[1] sentenced him to 36 months in prison, 10 months below the calculated sentencing guideline range. On appeal Gonzalez argues that his sentence is substantively unreasonable. We affirm.

I. Background

Gonzalez, a Mexican citizen, has been removed from the United States on several occasions. In 2001 he was convicted in state court of possession with intent to distribute amphetamine, an aggravated felony, and was sentenced to 5 years imprisonment. In 2002 he was convicted in federal court of illegal reentry after deportation and was sentenced to 6 months imprisonment. In 2005 Gonzalez was removed after serving the sentences for

Page 817

these convictions. Law enforcement officials found Gonzalez in this country again in 2012 after he was stopped for a traffic violation. After being taken into custody, Gonzalez explained that he returned to the United States to see his girlfriend and two young children when he thought he would lose his battle with cancer.

Gonzalez was indicted for, and pled guilty to, one count of illegal reentry subsequent to an aggravated felony conviction. Because of Gonzalez's prior drug conviction, the district court applied a 16-level enhancement to his base offense level pursuant to U.S. Sentencing Guidelines Manual (" USSG" ) ยง 2L1.2(b)(1)(A)(i) (2012). With this enhancement, the district court adopted a guidelines range ...


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