United States v. Rivera-Santana, No. 10-5123
Decided: February 2, 2012
Agustin Rivera-Santana pleaded guilty to illegal reentry into the United States after being deported for committing an aggravated felony. Rivera-Santana had numerous felony convictions and deportations on his record dating as far back as the 1970s. After his most recent offense, sexually assaulting his granddaughter in 2005, a he was sentenced to the statutory maximum 240 months for being in the country illegally.
On appeal, Rivera-Santana argued that his sentence was both procedurally and substantively unreasonable. The Fourth Circuit, however, affirmed the sentence. The court held that the district court gave adequate justification for its upward sentencing departures and that the alleged mitigating factors did not outweigh the aggravating factors of his prior convictions and threat to society.
-C. Alexander Cable