from the United States District Court for the Middle District
of Tennessee at Nashville. No. 3:18-cr-00149-1-Eli J.
Richardson, District Judge.
Rose Green, R. David Baker, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Nashville, Tennessee, for Appellant.
M. Jones, UNITED STATES ATTORNEY'S OFFICE, Nashville,
Tennessee, for Appellee.
Before: NORRIS, MOORE, and DONALD, Circuit Judges.
NELSON MOORE, CIRCUIT JUDGE
Aguilar-Calvo pleaded guilty to illegal reentry by a
previously deported felon, and the district court sentenced
him to thirty-eight months in prison, to run consecutive to
an eight-month sentence for a supervised-release violation.
Aguilar-Calvo now appeals this sentence on the ground that it
is procedurally unreasonable. For the reasons set forth in
this opinion, we AFFIRM the sentence of the
20, 2018, Ediberto Aguilar-Calvo was indicted for illegal
reentry, in violation of 8 U.S.C. § 1326(a) and (b)(1).
R. 1 (Indictment). He had been previously convicted of felony
drug possession, assault, driving under the influence, and
illegal reentry. R. 38 (Presentence Investigation Report
¶¶ 4-5, 23-27) (Page ID #165, 167-69). On November
19, 2018, Aguilar-Calvo entered a plea of guilty. In its
sentencing memorandum, the government addressed the
sentencing factors set forth in 18 U.S.C. § 3553(a), and
stated the following in connection with the statute's
requirement that the district court consider the
"seriousness of the offense":
Many citizens of the United States have grown impatient with
their government's seeming inability to deter
undocumented immigrants, convicted of felonies in the United
States and deported back to their home countries, from
returning to the United States illegally. Those of us who are
relatively more privileged may welcome the contributions of
undocumented immigrants. Our neighbors who are less
materially secure, however, who must compete more directly
with undocumented immigrants for employment opportunities and
social services, are not feeling so generous or welcoming.
Those neighbors want our borders secured with physical
barriers if our justice system does not suffice to enforce
our duly enacted immigration policies. Those neighbors are
impatient for action to protect their perceived economic
interests, as promised by our duly enacted immigration
R. 24 (Gov't Sent'g Mem. at 3-4) (Page ID #59-60).
Aguilar-Calvo's sentencing memorandum argued that the
district court should not consider such "extraneous,
inflammatory, and idiosyncratic views" in sentencing
him. R. 25 (Def. Sent'g Mem. at 3) (Page ID #66). In
response to Aguilar-Calvo's sentencing memorandum, the
government stated as follows:
The United States does not agree that these concerns are
"extraneous" to the sentencing considerations in
this case. These concerns are among the reasons that the
advisory sentencing guidelines recommend a higher sentence
for recidivist illegal reentries, like Mr.
Aguilar-Calvo's. These concerns are among the reasons
that the advisory sentencing guidelines recommend a higher
sentence for illegal reentries by defendants who have a prior
felony conviction for which they were sentenced to serve five
years or more, as was Mr. Aguilar-Calvo.
R. 26 (Gov't Response to Def. Sent'g Mem. at 4) (Page
ID #82). The district court heard argument on this issue at
the sentencing hearing and then sentenced Aguilar-Calvo to
thirty-eight months of imprisonment after a lengthy
explanation of the basis for its sentence pursuant to 18
U.S.C. § 3553(a). Aguilar-Calvo objected to "any
consideration of the Government's arguments about
political debate about illegal immigration." R. 40
(Sent'g Hr'g Tr. at 63) (Page ID #244). He timely
appealed his sentence.