USA v. Geraldo Antonio Cedeno-Reyes

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DECEMBER 7, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-15703
Non-Argument Calendar
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D.C. Docket No. 6:10-cr-00171-GKS-KRS-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GERALDO ANTONIO CEDENO-REYES,
a.k.a. Melvin Gomez,
a.k.a. Victor Javier Ocasio Ortega,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 7, 2011)
Before EDMONDSON, MARTIN, and ANDERSON, Circuit Judges.

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PER CURIAM:
Saying his sentence is substantively unreasonable, Geraldo Antonio
Cedeno-Reyes appeals his 39-month total sentence, imposed after pleading guilty
to one count of falsely impersonating a United States citizen, in violation of 18
U.S.C. § 911 (“Count 1"), one count of falsely representing a social security
number, in violation of 42 U.S.C. § 408(a)(7)(B) (“Count 2"), one count of
aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1) (“Count 3"), and
one count of illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326(a)
(“Count 4").
Briefly stated, the district court imposed its sentence because Cedeno-Reyes
entered the United States after already having been deported, and used a false alias
on 11 occasions in order to take advantage of everything he could. See 18 U.S.C.
§ 3553(a)(1), (2) (nature and circumstances of offense, history of defendant, and
need for deterrence). Further, it considered Cedeno-Reyes’s guilty plea and
cooperation with the government. 18 U.S.C. § 3553(a)(1)(history of defendant).
Cedeno-Reyes’s sentence is the minimum possible sentence within the applicable
Guideline range and is more than 18 years less than the maximum statutory
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penalty of 22 years that he faced. See 8 U.S.C. § 1326(b)(2) (20-year statutory
maximum); 18 U.S.C. § 1028A(a), (b) (mandatory consecutive 2-year sentence).
Cedeno-Reyes has not demonstrated that the district court abused its
discretion when it weighed the 18 U.S.C. § 3553(a) factors and that his sentence
was, therefore, substantively reasonable. Accordingly, we affirm.
AFFIRMED.
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