USA v. Guillermo Villegas

Filing 511133580

USA v. Guillermo Villegas

Doc. 511133580

Case: 09-40955

Document: 00511133580

Page: 1

Date Filed: 06/07/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40955 S u m m a r y Calendar June 7, 2010 Lyle W. Cayce Clerk

U N I T E D STATES OF AMERICA, P la in tiff-A p p e lle e v. G U I L L E R M O JAIME VILLEGAS, also known as Guillermo Villegas, 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. 7:09-CR-451-1

B e fo r e KING, STEWART, and HAYNES, Circuit Judges. P E R CURIAM:* G u ille r m o Jaime Villegas appeals the within-Guidelines sentence that he r e c e iv e d . Villegas pleaded guilty to being unlawfully present in this country a fte r having been deported, in violation of 8 U.S.C. § 1326. He argues that, in lig h t of his arguments for a sentence below the Guidelines, the district court did n o t give adequate reasons for imposing its sentence. He also argues that the s e n te n c e was greater than necessary to achieve the factors set forth in 18 U.S.C. § 3553(a).
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

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Case: 09-40955

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Date Filed: 06/07/2010

V i lle g a s 's sentence is reviewed for reasonableness in light of the s e n te n c in g factors in § 3553(a). United States v. Mondragon-Santiago, 564 F.3d 3 , 360 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009). This court first determines w h e th e r the district court committed any significant procedural error, including, a m o n g other things, not adequately explaining the sentence. Gall v. United S ta t e s , 552 U.S. 38, 51 (2007). If there is no procedural error, this court then " c o n s id e r [s ] the substantive reasonableness of the sentence imposed under an a b u s e - o f -d is c r e t io n standard." Id. Villegas's arguments about the procedural reasonableness of his sentence a re unavailing. The district court listened to Villegas's arguments, adopted the P S R , and rejected Villegas's request for a downward departure. See United S ta t e s v. Gomez-Herrera, 523 F.3d 554, 564-66 (5th Cir. 2008); United States v. R o d r ig u e z , 523 F.3d 519, 525-26 (5th Cir. 2008). Unlike the district court in U n ited States v. Tisdale, 264 F. App'x 403, 412 (5th Cir. 2008), on which Villegas r e lie s , the district court in this case expressly referenced § 3553(a). Further, the d i s t r ic t court's comments specifically addressed Villegas's argument that his in a b ilit y to make a life in Mexico was a factor to consider in granting him a s e n t e n c e below the Guidelines. Thus, this court is satisfied that the district c o u r t considered the parties' arguments and had a reasoned basis for exercising its own legal decision making authority. See Rita v. United States, 551 U.S. 338, 3 5 6 -5 7 (2007). Villegas's argument that the facts and circumstances of his case rebut its p r e s u m e d substantive reasonableness is also unavailing given that it is e s s e n tia lly a request for this to court re-weigh the § 3553(a) factors. "[T]he s e n t e n c in g judge is in a superior position to find facts and judge their import u n d e r § 3553(a) with respect to a particular defendant." C a m p o s -M a ld o n a d o , 531 F.3d 337, 339. (2008). United States v.

That this court "might

r e a s o n a b ly have concluded that a different sentence was appropriate is in s u f fic ie n t to justify reversal of the district court." 2 Gall, 552 U.S. at 51.

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Date Filed: 06/07/2010

V ille g a s 's disagreement with the propriety of the within-guidelines sentence does n o t suffice to rebut the presumption of reasonableness that attaches to it. See G o m e z -H e r re r a , 523 F.3d at 565-66; Rodriguez, 523 F.3d at 526. AFFIRMED.

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