USA v. Juan Mancha-Perez

Filing 920100608

Case: 09-50972

Document: 00511134914

Page: 1

Date Filed: 06/08/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-50972 Summary Calendar June 8, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN MANCHA-PEREZ, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-1214-1

Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* Juan Mancha-Perez appeals the 41-month within-guidelines sentence imposed following his guilty plea to illegal reentry following deportation in violation of 8 U.S.C. § 1326.1 Mancha-Perez argues that his sentence is

unreasonable because his sentence is the result of impermissible double counting, does not reflect that his current illegal reentry conviction is not a crime

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Mancha-Perez does not appeal the 36-month term of imprisonment imposed following his guilty plea to making a false claim of United States citizenship. 18 U.S.C. § 911.
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Case: 09-50972

Document: 00511134914 Page: 2 No. 09-50972

Date Filed: 06/08/2010

of violence and posed no danger to others, and does not reflect that he illegally reentered because he needed work to support his family. Mancha-Perez also argues that this court should not afford his sentence a presumption of reasonableness because U.S.S.G. § 2L1.2 is not empirically based. Mancha-Perez's challenge to the presumption of reasonableness is foreclosed. See United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009). We have also rejected the argument that using a prior conviction to increase the offense level and in calculating criminal history is impermissible "double counting." See United States v. Calbat, 266 F.3d 358, 364 (5th Cir. 2001). Mancha-Perez has not rebutted the presumption that the district court sentenced him to a reasonable, properly calculated within-guidelines sentence. See United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir.), cert. denied, 129 S. Ct. 328 (2008); United States v. Alonzo, 435 F.3d 551, 554-55 (5th Cir. 2006). The district court's judgment is AFFIRMED.

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