Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. RICHARD ISRAEL LAZARO

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-02

Docket: 9:25-cr-80072-AMC-3

The Eleventh Circuit affirmed the 20-month prison sentence and three-year supervised release imposed on Richard Lazaro for illegally reentering the United States after removal following a felony conviction, in violation of 8 U.S.C. §§ 1326(a) and (b)(1). The court held that the district court did not abuse its discretion in imposing a procedurally or substantively reasonable sentence under the standard set forth in *Gall v. United States*, 552 U.S. 38 (2007). Regarding procedural reasonableness, the court rejected Lazaro’s argument that the district court committed error by speculating his reentry was for drug trafficking. The opinion clarified that while the district court questioned whether visiting his ailing mother was the sole purpose of reentry, it expressly declined to rely on any speculation regarding criminal intent. Instead, the court based its sentence on the defendant’s conduct of breaching immigration laws without authorization. Regarding substantive reasonableness, the court applied the factors outlined in 18 U.S.C. § 3553(a), noting that a sentence within the advisory Guidelines range is presumed reasonable and that district courts have broad discretion in weighing a defendant’s criminal history and the nature of the offense. The court found the sentence was well within the statutory maximum of ten years and squarely inside the recommended Guidelines range of 15 to 21 months. The district court properly considered Lazaro’s proffered purpose for reentry but exercised its discretion to treat it as a “wash” due to indeterminacy, while giving appropriate weight to his recent release from custody for possessing a substantial amount of fentanyl and the circumstances of his unauthorized reentry. The practical consequence is that the judgment of the United States District Court for the Southern District of Florida is affirmed, and Lazaro must serve the imposed sentence.

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