United States v. Jose Transito Ramirez-Gonzalez ( 2013 )

Case: 12-14952 Date Filed: 05/01/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-14952
Non-Argument Calendar
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D.C. Docket No. 4:12-cr-00014-HLM-WEJ-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE TRANSITO RAMIREZ-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(May 1, 2013)
Before MARCUS, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
Jose Ramirez-Gonzalez appeals his sentence of 72 months of imprisonment
following his plea of guilty to reentering the United States illegally after
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deportation. 8 U.S.C. § 1326(a), (b)(2). Ramirez-Gonzalez argues that his
sentence is unreasonable. We affirm.
The district court did not abuse its discretion. In response to Ramirez-
Gonzalez’s argument that his criminal history category overrepresented the
seriousness of his prior convictions, the district court found that many of Ramirez-
Gonzalez’s convictions were traffic-related and reduced Ramirez-Gonzalez’s
criminal history from category VI to category V. Ramirez-Gonzalez sought a
sentence at the low end of his revised advisory guideline range of 70 to 87 months,
but the district court reasonably determined that a sentence of 72 months would
best address the nature and circumstances of Ramirez-Gonzalez’s offense and his
history and characteristics, provide adequate punishment, and encourage respect
for the law. 18 U.S.C. § 3553(a). Ramirez-Gonzalez had been a lawful permanent
resident of the United States until he was convicted in a Georgia court of
aggravated assault, battery, cruelty to children, making terroristic threats, criminal
trespass, hindering law enforcement, and several traffic offenses and deported in
2010. And he had an extensive criminal history that included possession of
marijuana, theft by shoplifting, driving under the influence, and giving false
information to law enforcement. Ramirez-Gonzalez’s sentence, which is well
below his maximum statutory sentence of 20 years of imprisonment, is reasonable.
See United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008).
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We AFFIRM Ramirez-Gonzalez’s sentence.
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