Академический Документы
Профессиональный Документы
Культура Документы
No. 11-4675
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:10-cr-00241-NCT-1)
Submitted:
Decided:
PER CURIAM:
Jose Manuel Gonzalez-Sosa pled guilty, pursuant to a
written
plea
agreement,
identification
1028(a)(2),
to
documents,
(b)(1)(A)(i)
one
count
in
(2006)
of
transferring
violation
(Count
of
One);
18
one
false
U.S.C.
count
of
documents,
in
violation
of
18
U.S.C.
enhancement,
pursuant
to
U.S.
Sentencing
Gonzalez-Sosa
timely appeals.
On
appeal,
Gonzalez-Sosas
brief
raises
only
one
light of
Simmons.
sentencing,
the
district
courts
At the time
application
of
the
the
worst
aggravating
fifteen
possible
sentencing
month
history
factors
could
sentence.
15A-1340.17(c)-(d) (2009).
(prior
record
have
See
level
received
N.C.
VI)
and
maximum
Gen.
Stat.
at
246-47.
Accordingly,
at
the
time
Gonzalez-Sosa
was
not
year.
punishable
by
imprisonment
for
term
exceeding
one
which the state court judgment belies, with his prior record
level
of
II,
the
maximum
sentence
Gonzalez-Sosa
could
have
we
affirm
Gonzalez-Sosas
conviction,
We grant Gonzalez-Sosas
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED