Professional Documents
Culture Documents
No. 15-4749
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:13-cr-00696-JFM-1)
Submitted:
Decided:
PER CURIAM:
Jose Adolfo Benitez Alvarado (Benitez Alvarado) pled guilty
to illegal reentry of a removed alien, in violation of 8 U.S.C.
1326(a), (b)(2) (2012).
three-year
explanation.
We
remanded
for
propriety
of
term
of
supervised
vacated
the
resentencing,
supervised
release
term
of
expressing
release.
without
supervised
no
proper
release
and
opinion
as
to
States
v.
Benitez
United
the
At
resentencing,
of
the
court
supervised release.
imposition
of
imposed
the
same
three-year
term
supervised
substantively unreasonable.
release
is
both
procedurally
and
supervised
release
is
not
required
by
statute
and
the
Alvarado,
sentencing
court
ordinarily
should
not
court
should,
however,
consider
imposing
term
of
Id.
United States v.
If the
3553(a)
[(2012)]
factors;
and
(3)
determines
that
Id.
may,
but
reasonableness.
552
U.S.
38,
51
is
not
required
to,
apply
presumption
of
defendant
can
only
rebut
the
Id. (internal
United States v.
was
aware
of
USSG
5D1.1(c),
it
considered
The
Benitez
determined
that
additional
deterrence
is
needed.
See
we
affirm
the
district
courts
amended
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED