USA v. Jorge Vasquez

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USA v. Jorge Vasquez

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Case: 09-20818

Document: 00511187283

Page: 1

Date Filed: 07/28/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-20818 S u m m a r y Calendar July 28, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. J O R G E DOMINGUEZ VASQUEZ, also known as Jorge Dominguez, also known a s Jorge Dominguez-Vasquez, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 4:09-CR-298-1

B e fo r e JOLLY, GARZA, and STEWART, Circuit Judges. P E R CURIAM:* J o r g e Dominguez Vasquez appeals the 50-month sentence imposed fo llo w in g his guilty plea conviction for being unlawfully present when found in t h e United States after having been previously deported after an aggravated fe lo n y conviction. His sole argument on appeal is that the sentence is

s u b s t a n t iv e ly unreasonable.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

Dockets.Justia.com

Case: 09-20818

Document: 00511187283 Page: 2 No. 09-20818

Date Filed: 07/28/2010

T h e record shows that the district court considered all of the 18 U.S.C. § 3553(a) factors and belies the assertions that the district court did not consider t h e prior conviction to the exclusion of all of the other facts and circumstances in this case or gave it too much weight in light of the other § 3553(a) factors. The c o u r t's comments show that it was familiar with the contents of the presentence r e p o r t , that it had considered Dominguez Vasquez's request for a variance in lig h t of his personal circumstances, that it considered the Government's a r g u m e n t s against such a variance, and that it ultimately determined, based on a ll of these, that a within-guidelines sentence of 50 months was appropriate, i.e., s u ffic ie n t , but not greater than necessary, to meet the sentencing goals of § 3553(a)(2). Dominguez Vasquez has not rebutted the presumption of

r e a s o n a b le n e s s that attaches to his within-guidelines sentence. See United S ta te s v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009), cert. denied, 130 S. Ct. 1930 (2 0 1 0 ). A F F IR M E D .

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