District court's imposition of 46-months' imprisonment and three years of supervised release on a defendant convicted of illegally reentering the United States subsequent to a conviction for the commission of an aggravated felony is affirmed where: 1) it is apparent that the district court was aware of the discretionary nature of the Guidelines and its authority to impose a sentence outside of the prescribed range, but it had no obligation to exercise that discretion in favor of the defendant; and 2) defendant's sentence is substantively reasonable.
On Appeal from the United States District Court for the District of New Jersey
Opinion Filed January 5, 2010
Opinion by Circuit Judge Barry
For Appellant: Christopher H. O'Malley, Office of the Federal Public Defender
For Appellee: George S. Leone, John F. Romano, Office of the US Attorney