United States v. Carlos Cordova, 11th Cir. (2015)

Case: 14-15627
Date Filed: 07/10/2015
Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
________________________
No. 14-15627
Non-Argument Calendar
________________________
D.C. Docket No. 4:14-cr-10015-JEM-1
UNITED STATES OF AMERICA,

Plaintiff-Appellee,
versus
CARLOS CORDOVA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 10, 2015)
Before TJOFLAT, WILSON and WILLIAM PRYOR, Circuit Judges.
PER CURIAM:
Case: 14-15627
Page: 2 of 5
Carlos Cordova appeals his sentence of 44 months of imprisonment for the

revocation of his supervised release, 18 U.S.C. 3583(e), and for his conviction
for reentering the United States illegally, 8 U.S.C. 1326(a), (b)(1). Cordova
argues that his sentence is substantively unreasonable. We affirm.
In 2009, Cordova pleaded guilty to entering the United States illegally after
being deported in 2005. Id. Cordova was deported after completing his sentence
for leaving the scene of an accident involving a death. Cordova drove his vehicle in
a canal, swam away, and allowed his passenger to drown without seeking
assistance or notifying the police. His criminal past also included convictions in
2008 of driving with a revoked license, in 2000 for unlawful driving as an habitual
traffic offender, and in 1998 for driving with a suspended license and obstruction
of justice. Based on that record, the district court sentenced Cordova to 18 months
of imprisonment and 3 years of supervised release.
In 2012, the district court revoked Cordovas supervised release for driving
without a license and sentenced him to 13 months of imprisonment and 23 months
of supervised release. Immigration officials deported Cordova, but he reentered the
United States illegally and was arrested by Florida officers for a traffic violation.
The government petitioned to revoke Cordovas supervised release a second time.
In the meantime, Cordova pleaded guilty to reentering the United States
illegally. Id. Cordovas presentence investigation report recounted his criminal
2
Case: 14-15627
Page: 3 of 5
history and numerous traffic offenses. With an adjusted offense level of 12, United
States Sentencing Guidelines Manual 2L1.2(a), (b)(1)(D) (Nov. 2014), and a
criminal history of IV, Cordova faced an advisory guideline range of 21 to 27
months of imprisonment.
The district court consolidated Cordovas reentry proceeding and the petition
for revocation of his supervised release. Cordova admitted that he had reentered
the country illegally and committed traffic violations, and the district court revoked
his supervised release. Based on Cordovas acceptance of responsibility, the
district court reduced the offense level for his reentry offense from 12 to 10, which
resulted in a revised advisory guideline range of 15 to 21 months.
With respect to Cordovas second violation of supervised release, the district
court considered the parties arguments and the information in the petition for
revocation, and determined that a sentence within the advisory guideline range of
18 to 24 months was appropriate. See U.S.S.G. 7B1.1(a)(2), 7B1.4(a). Because
the maximum statutory sentence that Cordova faced was 36 months, and he had
served 13 months for his first violation, the district court sentenced him to 23
months. For Cordovas reentry offense, the district court considered the parties
arguments, the presentence investigation report, and the statutory sentencing
factors and sentenced Cordova to 21 months. The district court ordered that
Cordovas sentences run consecutively.
3
Case: 14-15627
Page: 4 of 5
The district court did not abuse its discretion by sentencing Cordova to 23
months for the second violation of his supervised release and to a consecutive term
of 21 months for reentering the United States illegally. The district court
determined that Cordovas criminal history . . . underrepresented the multiple
occasions[ that he had] come into the country illegally and his repetitive traffic
violations, one of which evidenced a callous disregard for human life.
Cordovas indifference to our rules and laws made him, as stated by the district
court, a menace to the community that warranted sentences to the maximum
remaining penalty for violating his supervised release and to the high end of the
revised sentencing range for his illegal reentry. Those sentences, the district court
reasonably determined, were required to address Cordovas lackadaisical attitude
about supervised release, see 18 U.S.C. 3583(c), 3553(a), and to provide
adequate punishment, to protect the public, and to deter Cordova from continuing
to reenter this country illegally, see id. 3553(a). Based on those factors, the
district court also reasonably decided to order that Cordovas sentences run
consecutively. Id. 3584(b). Although Cordova entered the country ostensibly to
see his wife and children, the district court determined that Cordovas criminal
history warranted a lengthy sentence. Cordovas sentence of 44 months, which is
well below the maximum statutory penalty of 10 years for his illegal reentry, is
reasonable. See United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008).
4
Case: 14-15627
We AFFIRM Cordovas sentence.
Page: 5 of 5

United States v. Carlos Cordova, 11th Cir. (2015)

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Case: 14-15627

Date Filed: 07/10/2015

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

UNITED STATES OF AMERICA,

Date Filed: 07/10/2015

Carlos Cordova appeals his sentence of 44 months of imprisonment for the

Date Filed: 07/10/2015

Date Filed: 07/10/2015

Date Filed: 07/10/2015

We AFFIRM Cordovas sentence.

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