United States v. Matusalen Briones-Lopez
701 F. App'x 796
| 11th Cir. | 2017Background
- Defendant Matusalen Briones-Lopez pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a).
- The district court imposed an above-Guidelines sentence of 12 months’ imprisonment (one year below the statutory maximum of two years).
- The presentence investigation report (PSI) recited then-pending state charges alleging attempted sexual battery and burglary committed after Briones‑Lopez’s illegal reentry; Briones‑Lopez did not object to those PSI facts.
- At sentencing the district court placed heavy weight on the nature and circumstances of the alleged violent conduct described in the PSI.
- Briones‑Lopez appealed, arguing the upward variance was substantively unreasonable because the district court gave undue weight to unadjudicated state-court charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was substantively unreasonable because the district court relied on pending state-court charges | Briones‑Lopez: district court gave undue weight to unadjudicated state charges and thus abused its discretion | Government: court may rely on uncontested PSI facts and consider admitted violent conduct when weighing § 3553(a) factors | Affirmed — district court did not abuse its discretion; it permissibly relied on uncontested PSI facts and reasonably weighed the factors |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing substantive reasonableness of sentences)
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (en banc) (abuse-of-discretion framework and standard for clear error in weighing § 3553(a) factors)
- United States v. Wade, 458 F.3d 1273 (11th Cir. 2006) (failure to object to PSI allegations admits those facts for sentencing)
- United States v. Hamaker, 455 F.3d 1316 (11th Cir. 2006) (sentencing courts may consider uncharged or acquitted conduct proven by a preponderance)
- United States v. Shaw, 560 F.3d 1230 (11th Cir. 2009) (district court may attach great weight to one § 3553(a) factor over others)
- United States v. Gonzalez, 550 F.3d 1319 (11th Cir. 2008) (sentence well below statutory maximum is an indicator of reasonableness)