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United States of America v. Juan Elodio-Benitez

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Submitted: December 12, 2011

Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.

Juan Elodio-Benitez, a citizen of Mexico, illegally entered the United States in 1984 at age 14, married at age 18, and acquired lawful permanent resident status in 1998. In May 2005, Elodio-Benitez was deported to Mexico after completing a prison sentence for terroristic threats against his wife, who divorced him immediately after he pleaded guilty to that felony offense. In June 2006, Elodio-Benitez pleaded guilty to unlawful re-entry following a felony conviction, served a 24-month prison sentence, and was then deported to Mexico. In September 2008, he again pleaded guilty to illegal re-entry after a felony conviction, served an 18-month sentence, and was deported to Mexico in November 2009. After illegally reentering the United States for the seventh time, he was again charged with and pleaded guilty to illegal re-entry in violation of 8 U.S.C. §§ 1326(a) and (b)(2), and 6 U.S.C. §§ 202 and 557. The district court sentenced him to 48 months in prison for the illegal re-entry offense*fn1 and a concurrent 21-month revocation sentence because he committed this offense while on supervised release for the 2008 conviction. Elodio-Benitez appeals, arguing the sentence is substantively unreasonable. We affirm.

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