[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 15627 Non

- Argument Calendar

________________________ D.C. Docket No. 4:14

- cr - 10015

- JEM

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus CARLOS CORDOVA, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (July 10, 2015) Before TJOFLAT , WILSON and WILLIAM PRYOR , Circu it Judges. PER CURIAM:

Case: 14-15627 Date Filed: 07/10/2015 Page: 1 of 52 Carlos Cordova appeals his sentence of 44 months of imprisonment for the revocation of his supervised release, 18 U.S.C. § 3583 (e) , and for his conviction for re entering the United States illegally , 8 U.S.C. § 1326(a) , (b)(1)

. Cord ova argues that his sentence i s substantively unreasonable . We affirm. In 2009, Cordova pleaded guilty to entering the United States illegally after being deported in 2005. Id. Cordova was deported a f ter completing his sentence f

or leaving the scene of an accident involv ing a death. Cordova drove his vehicle in a canal , swam away, and allowed his passenger to drown without seeking assistance or notifying the police

. Hi s criminal past also included c onvictions in 2008 of driving with a revoked license, in 2000 for unlawful driving as an habitual traffic offender , and in 1998 for driving with a suspended license and obstruction of justice

. Based on th at record, t he district court sentenced Cordova to 18 months of imprisonment and 3 years of supervised re lease

. I n 2012, the district court revoked Cordova’s supervised release for driving without a license and sentenced him to 13 months of imprisonment and 23 months of supervised release. Immigration officials deported Cordova, but he reentered the United St ates illegally and was arrested by Florida officers for a traffic violation

. The government petition ed to revoke Cordova’s supervised release a second time. In the meantime, Cordova pleaded guilty to re entering the United States illegally

. Id. Cordova’s presentence investigation report recounted his criminal

Case: 14-15627 Date Filed: 07/10/2015 Page: 2 of 53 history and numerous traffic offenses

. With an adjusted offense level of 12, United States Sentencing Guidelines Manual § 2L1.2(a), (b)(1)(D) (Nov. 2014) , and a

c riminal history of IV, Cordova fac ed a n advisory guideline range of 21 to 27 months of imprisonment. The district court consolidated Cordova’s reentry proceeding and the petition for revocation of his supervised release. Cordova admitted t hat he had r eenter ed the country illegally and committ e d traffic violations , and the district court revoked his supervised release. Based on Cordova’s acceptance of responsibility, the district court reduced the offense level for his reentry offense from 12 to 10 , which resulted in a revised advisory guideline range o f 15 to 21 months. With respect to Cordova’s second violation of supervised release, the district court considered the parties’ arguments and the information in the petition for revocation, and determined that a sentence within t h e advisory guideli ne range of 18 to 24 months was appropriate. See U.S.S.G. §§ 7B1.1(a)(2), 7B1.4(a). Because the maximum statutory sentence that Cordova faced was 36 months , and he had served 13 months fo r his first violation , the district court sentenced him to 23 months. For Cordova’s reentry offense, the district court considered the parties’ arguments, the presentence investigation report, and the statutory sentencing factors and sentenced Cordova to 21 months . The district court ordered that Cordova’s sentenc es run consecutively.

Case: 14-15627 Date Filed: 07/10/2015 Page: 3 of 54 The district court did not abuse its discretion by sentencing Cordova to 23 months for the second violation of his supervised release and to a consecutive term of 21 months for re entering the United States illegally

. The district cour t determined that Cordova’s “criminal history . . . underrepresented” t h e “multiple occasions[ that he had] come into the country illegally” and his “repetitive traffic violations ,” one of which evidenc ed a “callous disregard” for human life. Cordova’s “ in difference to our rules and laws” made him, as stated by the district
court, “a menace to the community” that warranted sentences to the m aximum remaining penalty for violatin g his supervised release and to the high end of t h e revised sentenc in g range for his illegal reentry . Th ose sentences, th e district court reasonably determined, were required to address Cordova’ s “lackadaisical attitude” about supervised release , see 18 U.S.C. § § 3583(c), 3553(a), and to provide adequate punishment , to protect the public , and to deter Cordova from continuing
to reenter th is country illegally , see id. § 3553(a)

. Based on those factors, the district court also reasonably decided t o order that Cordova’s sentences run consecutively. Id. § 3584(b). Although Cordova entered the country ostensibly to

see his wife and children , the district court determined that Cordova’s criminal history warranted a lengthy sentence

. Cordova’s sentence of 44 months, which is well below the maximum statutory penalty of 10 years for his illegal reentry , is reasonable. See United States v. Gonzalez , 550 F.3d 1319, 1324 (11th Cir. 2008).

Case: 14-15627 Date Filed: 07/10/2015 Page: 4 of 55 We AFFIRM Cordova’s sentence. Case: 14-15627 Date Filed: 07/10/2015 Page: 5 of 5