Professional Documents
Culture Documents
No. 10-5090
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (4:10-cr-00053-FL-1)
Submitted:
WYNN,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Noe Aguilera Aguila (Aguila) appeals his ten-month
sentence
Aguila
for
violation
argues
that
unreasonable
because
of
his
the
his
term
of
revocation
district
supervised
sentence
court
failed
is
to
release.
plainly
give
an
(2006).
imprisonment
He
followed
by
was
sentenced
three
years
to
twelve
supervised
months
release.
He also
was deported.
On August 20, 2010, a probation officer petitioned the
district court for revocation of Aguilas term of supervised
release.
The
probation
officer
explained
Aguila
had,
in
However, he requested a
the court to consider that he was already serving two years for
his illegal reentry, had once been granted temporary protected
status
in
the
United
States,
had
served
six
years
in
the
the high end of the policy statement range, noting that in the
course of committing the possession of a firearm by an illegal
alien offense, Aguila had brandished or attempted to brandish a
firearm in the presence of a police officer.
Furthermore, the
his
prison
term,
but
that
he
quickly
returned
and
imposed
policy
statement
considered
the
ten-month
range.
policy
sentence,
The
the
court
statements
top
of
the
explained
pertaining
advisory
that
to
it
had
revocation
that
ten-month
sentence
accomplished
the
goals
of
v.
(explaining
Thompson,
in
the
595
F.3d
probation
3
544,
546
revocation
(4th
Cir.
context
2010)
that
defendant
need
only
ask
for
sentence
outside
the
range
failed
establish
to
seek
plain
sentence
error,
outside
[Aguila]
must
guidelines
show
that
range).
an
error
occurred, that the error was plain, and that the error affected
his substantial rights.
247,
249
(4th
requirements,
Cir.
2007).
correction
Even
of
the
if
Aguila
error
satisfies
remains
within
these
[the
reputation
quotation
marks
of
and
judicial
citation
proceedings.
omitted)
(third
Id.
(internal
alteration
in
original).
In
the
sentencing
context,
an
error
affects
2001) (en banc); see also United States v. Miller, 557 F.3d 910,
916 (8th Cir. 2009) (In the sentencing context, an error was
prejudicial only if there is a reasonable probability that the
defendant would have received a lighter sentence but for the
Moreover,
we
conclude
Aguilas
challenge
to
his
substantial
rights.
courts judgment.
facts
and
materials
legal
before
We
therefore
affirm
the
district
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED