USA v. Jose Sanchez-Rebollar

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USA v. Jose Sanchez-Rebollar

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Case: 09-50976

Document: 00511174075

Page: 1

Date Filed: 07/15/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50976 S u m m a r y Calendar July 15, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t iff - Appellee v. J O S E SANCHEZ-REBOLLAR, also known as Javier Sanchez Rebollar, also k n o w n as Jose Rodriguez, also known as Javier Sanchez, also known as Javier R e v o l l a r Sanchez, also known as Jose Rebollar Sanchez, also known as Jose R e b b o lla r Sanchez, also known as Jose Rodriguez Sanchez, also known as Jose R o b e r t o Sanchez, also known as Pablo Perez Sanchez, also known as Jose S a n c h e z Rebollar, also known as Marcelo Sanchez, D e fe n d a n t - Appellant

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 1:09-CR-334-1

B e fo r e REAVLEY, PRADO, and SOUTHWICK, Circuit Judges. P E R CURIAM:* J ose Sanchez-Rebollar appeals the reasonableness of the sentence imposed b y the district court for his conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326(b)(1). Because Sanchez-Rebollar did not object to

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-50976

Document: 00511174075 Page: 2 No. 09-50976

Date Filed: 07/15/2010

t h e reasonableness of the sentence in the district court, review is limited to plain e r r o r . See Puckett v. United States, 129 S. Ct. 1423, 1429 (2009). S a n c h e z - R e b o lla r 's arguments that the presumption of reasonableness s h o u ld not apply and that the sentence is procedurally unreasonable because the a p p lic a b le guideline is not supported by empirical data are foreclosed. See U n ite d States v. Duarte, 569 F.3d 528, 529-31 (5th Cir.), cert. denied, 130 S. Ct. 3 7 8 (2009); United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th C ir .), cert. denied, 130 S. Ct. 192 (2009). We have also rejected the argument t h a t using a conviction to increase the offense level and to calculate criminal h is t o r y is impermissible double counting. See Duarte, 569 F.3d at 529-31; see a ls o Mondragon-Santiago, 564 F.3d at 366-67. T h e assertions regarding his personal history and characteristics and his m o t iv e for reentering the United States are insufficient to rebut the presumption o f reasonableness. See United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5 t h Cir. 2008). He has not demonstrated that the district court's imposition of a sentence at the bottom of the advisory guidelines range was error, plain or o t h e r w is e , or an abuse of discretion. See Puckett, 129 S. Ct. at 1429; see also G a ll v. United States, 552 U.S. 38, 51 (2007). A F F IR M E D .

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