United States v. Rafael Sanchez-De La Rosa

── United States v. Rafael Sanchez-De La Rosa ── Case No.: 25-11363 Court: Court of Appeals for the Eleventh Circuit Date: March 30, 2026 Category: NEW NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11363 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAFAEL SANCHEZ-DE LA ROSA, a.k.a. Rafael Sanchez Delarosa, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:24-cr-00112-TKW-1 ____________________ Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and BRANCH, Circuit Judges. PER CURIAM: 2 Opinion of the Court 25-11363 Rafael Sanchez-de la Rosa appeals his sentence of imprison- ment for illegal reentry after removal. 8 U.S.C. § 1326(a), (b)(1). He contends that the district court plainly erred in applying a six-level enhancement for a conviction for driving under the influence, U.S.S.G. § 2L1.2(b)(3), and he argues that his prison sentence of 46 months is substantively unreasonable. We affirm. I. BACKGROUND Sanchez-de la Rosa, a citizen of Mexico, was removed from the United States in December 2017 and again in May 2018. In May 2024, he was arrested in Florida for driving under the influence. Because this arrest marked his third conviction for driving under the influence within ten years—following felony and misdemeanor convictions before his first removal—the 2024 offense was prose- cuted as a felony under Florida law. Sanchez-de la Rosa pleaded guilty in the district court to il- legal reentry after removal. 8 U.S.C. § 1326(a), (b)(1). His presen- tence investigation report calculated a base offense level of eight, United States Sentencing Guidelines Manual § 1B1.11 (Nov. 2024), an eight-level enhancement for a felony conviction for driving un- der the influence in 2016 that he received before he was ordered re- moved, id. § 2L1.2(b)(2)(B), a six-level enhancement for a second felony conviction for driving under the influence in 2024 that he received after he was ordered removed, id. § 2L1.2(b)(3)(C), and a three-level reduction for acceptance of the responsibility, id. § 3E1.1(a), (b), for a total offense level of 19, id. ch. 5, pt. A, cmt. n.2. The report calculated a criminal history category of IV based 25-11363 Opinion of the Court 3 on eight criminal history points for three convictions for driving under the influence. With an offense level of 19 and a criminal his- tory category of IV, Sanchez-de la Rosa’s guideline range was 46 to 57 months of imprisonment. The statutory maximum was 120 months of imprisonment. See 8 U.S.C. § 1326(a), (b)(1). Sanchez-de la Rosa did not object to the six-level enhancement. At sentencing, the district court confirmed the guideline cal- culation and heard Sanchez-de la Rosa’s request for a downward variance. It declined to vary and explained that it was “struggling to see anything” that warranted a sentence outside the guideline range. It considered Sanchez-de la Rosa’s mitigating evidence but found that the aggravating evidence—his multiple convictions for driving under the influence—was a “huge issue” and stated that driving impaired was an “extremely dangerous crime” that “kills people.” The district court explained that Sanchez-de la Rosa had previously injured someone while driving impaired and that prior sentences had not deterred him. The district court imposed a sen- tence of 46 months of imprisonment, followed by three years of supervised release. II. STANDARDS OF REVIEW Two standards govern our review.