USA v. Carlos Romeo Hernandez-Esteban

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 29, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-11045
Non-Argument Calendar
________________________
D.C. Docket No. 6:10-cr-00200-ACC-DAB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS ROMEO HERNANDEZ-ESTEBAN,
a.k.a. Carlos R. Hernandez,
a.k.a. Carlos Roman Hernandez,
Defendant-Appellant.
__________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(September 29, 2011)
Before TJOFLAT, EDMONDSON and KRAVITCH, Circuit Judges.
PER CURIAM:
Carlos Romeo Hernandez-Esteban (“Hernandez”) was convicted on a plea
of guilty to a violation of 8 U.S.C. § 1326(a) and (b)(2) (illegal reentry into the

-- 1 of 2 --

United States following a previous deportation), and the district court sentenced
him to a prison term of 24 months. He now appeals, raising one argument: the
district court imposed a substantively unreasonable sentence by failing to consider
sentencing disparities between fast-track and non-fast-track jurisdictions when
considering a downward variance from the Guidelines sentencing.
We rejected this argument in United States v. Vega-Castillo, 540 F.3d 1235
(11th Cir. 2008). Vega-Castillo constitutes binding precedent. We are therefore
constrained to follow it “unless and until it is overruled by this court en banc or by
the Supreme Court.” United States v. Brown, 342 F.3d 1245, 1246 (11th Cir.
2003).
AFFIRMED.
2

-- 2 of 2 --