UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-4520

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GASPAR DORANTES REYES, a/k/a Gaspar Dorantes-Reyes, a/k/a Gaspar 

Dorantesreyes, a/k/a Gaspar Reyes, a/k/a Gaspar Reyes Durantes,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. Thomas D. Schroeder, Chief District Judge. (1:19-cr-00641-TDS-1)

Submitted: February 10, 2022 Decided: February 18, 2022

Before MOTZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Louis C. Allen, Federal Public Defender, John A. Duberstein, Assistant 

Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, 

Greensboro, North Carolina, for Appellant. Craig Matthew Principe, Assistant United 

States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Gaspar Dorantes Reyes appeals his 24-month sentence imposed following his guilty 

plea to illegally reentering the United States, in violation of 8 U.S.C. § 1326(a). Counsel 

for Reyes has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating 

that there are no meritorious grounds for appeal, but questioning whether Reyes’ sentence 

is reasonable. Although notified of his right to do so, Reyes has not filed a pro se 

supplemental brief. We affirm.

We review a defendant’s sentence “under a deferential abuse-of-discretion 

standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Under this standard, a sentence 

is reviewed for both procedural and substantive reasonableness. Id. at 51. In determining 

procedural reasonableness, we consider whether the district court properly calculated the 

defendant’s advisory Sentencing Guidelines range, gave the parties an opportunity to argue 

for an appropriate sentence, considered the 18 U.S.C. § 3553(a) factors, and sufficiently 

explained the selected sentence. Id. at 49-51.

If a sentence is free of “significant procedural error,” then we review it for 

substantive reasonableness, “tak[ing] into account the totality of the circumstances.” Id. at 

51. “Any sentence that is within or below a properly calculated Guidelines range is 

presumptively reasonable.” United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014). 

“Such a presumption can only be rebutted by showing that the sentence is unreasonable 

when measured against the 18 U.S.C. § 3553(a) factors.” Id.

Having reviewed the record, we conclude that the district court properly calculated 

the Guidelines range, gave the parties an opportunity to argue for an appropriate sentence, 
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and considered the § 3553(a) factors. In addition, the court thoroughly explained its 

rationale for imposing a within-Guidelines-range sentence and for ordering the sentence to 

run consecutively to Reyes’ undischarged state sentence, emphasizing the violent crimes 

Reyes committed both before his removal and shortly after his illegal reentry. Finally, we 

conclude that Reyes has not rebutted the presumption of reasonableness accorded his 

within-Guidelines-range sentence. 

In accordance with Anders, we have reviewed the entire record in this case and have 

found no meritorious grounds for appeal. We therefore affirm the district court’s judgment. 

This court requires that counsel inform Reyes, in writing, of the right to petition the 

Supreme Court of the United States for further review. If Reyes requests that a petition be 

filed, but counsel believes that such a petition would be frivolous, then counsel may move 

in this court for leave to withdraw from representation. Counsel’s motion must state that 

a copy thereof was served on Reyes.

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED