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U.S. v. MENDOZA-MENDOZA

No. 08-5007.

597 F.3d 212 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dario MENDOZA-MENDOZA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2010.

Attorney(s) appearing for the Case

ARGUED: Stephen Clayton Gordon, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER joined. Judge DAVIS wrote a separate opinion concurring in the judgment.

OPINION

WILKINSON, Circuit Judge:

Appellant Dario Mendoza-Mendoza, a citizen of Mexico, pled guilty to one count of illegal entry into the United States following deportation, in violation of 8 U.S.C. § 1326. Mendoza argued that a Guidelines sentence was excessive in light of various facts peculiar to his case. The district court, however, sentenced Mendoza within the Guidelines.

At the very outset of its explanation, the district court stated...

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