United States v. Rogelio Paredes , 284 F. App'x 797 ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
July 9, 2008
THOMAS K. KAHN
No. 07-15652 CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 07-00062-CR-FTM-29SPC
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGELIO PAREDES,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 9, 2008)
Before DUBINA, HULL and PRYOR, Circuit Judges.
PER CURIAM:
Appellant Rogelio Paredes appeals his sentence of 41 months’ imprisonment
imposed after he pled guilty to illegal reentry by an alien previously deported as an
aggravated felon, 8 U.S.C. § 1326(a), (b)(2).
On appeal, Paredes argues that the sentence imposed by the district court is
unreasonable because that court failed to give adequate weight to certain 18 U.S.C.
§ 3553(a) factors. Specifically, Paredes states that the court should have given
more weight to evidence of (1) his cultural assimilation, (2) his hard working
nature, and (3) the fact that he had not been arrested since the birth of his daughter.
This court has previously held that “[i]t is a cardinal rule of appellate review
that a party may not challenge as error a ruling or other trial proceeding invited by
that party.” United States v. Ross, 131 F.3d 970, 988 (11th Cir. 1997) (citation
omitted). The doctrine of invited error applies to situations in which “a party
induces or invites the district court into making an error.” United States v. Stone,
139 F.3d 822, 838 (11th Cir. 1998).
Because the record demonstrates that Paredes requested, and ultimately
received, a low-end guideline sentence and because he never objected to the 41-
month sentence at the sentencing hearing, we conclude that he invited any error
that may have occurred, and may not now challenge the reasonableness of his
sentence. Accordingly, we affirm Paredes’s sentence.
AFFIRMED.
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