USA v. Jaime Martinez-Segura

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UNPUBLISHED OPINION FILED. [09-51126 Affirmed ] Judge: WED , Judge: JES , Judge: LHS Mandate pull date is 09/28/2010 for Appellant Jaime Martinez-Segura [09-51126]

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USA v. Jaime Martinez-Segura Doc. 0 Case: 09-51126 Document: 00511226167 Page: 1 Date Filed: 09/07/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-51126 S u m m a r y Calendar September 7, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t iff - Appellee v. J A I M E MARTINEZ-SEGURA, also known as Jaime Segura, also known as J a im e Martinez, also known as Jaime Segura-Martinez, also known as Jamie S e g u r a -M a r t in e z , also known as Jamie Segura, also known as Jamie Martinez, a ls o known as Jamie Martinez-Segura, also known as Juan Torrido-Hernandez, a ls o known as Juan Rodriguez-Rosales, 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-CV-391-1 B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* J a m ie Martinez-Segura appeals the 70-month sentence imposed by the d is t r ic t court after his guilty plea to illegal reentry following deportation. He a r g u e s that the sentence was substantively unreasonable because it was greater t h a n necessary to meet the sentencing goals of 18 U.S.C. 3553. He also argues 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-51126 Document: 00511226167 Page: 2 No. 09-51126 Date Filed: 09/07/2010 fo r the first time on appeal that the "problematic manner" in which the illegal r e e n tr y Sentencing Guideline is formulated resulted in his criminal record being d o u b le counted. Finally, Martinez-Segura argues that his offense was n o n v io le n t and that the sentence failed to reflect his personal history, including t h a t his motive for returning to the United States was so that he might care for h is disabled girlfriend. When the district court imposes a sentence within a properly calculated G u id e li n e s range and gives proper weight to the Guidelines and the S e c tio n 3553(a) factors, this court gives great deference to the sentence and will in fe r that the sentencing court "considered all the factors for a fair sentence set fo r t h in the Guidelines in light of the sentencing considerations set out in 3553(a)." United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir.) (in t e r n a l quotation marks and citation omitted), cert denied, 129 S. Ct. 328 (2 0 0 8 ). "A discretionary sentence imposed within a properly calculated g u id e lin e s range is presumptively reasonable." Id. It is arguable that Martinez-Segura's arguments should be reviewed for p la in error only. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2 0 0 7 ). Even under an ordinary standard of review, though, his arguments lack m e r it . We have rejected the argument that double-counting of prior criminal o ffe n s e s necessarily renders a sentence unreasonable. See United States v. D u a r te , 569 F.3d 528, 529-31 (5th Cir.), cert. denied, 130 S. Ct. 378 (2009). Further, although his reentry offense was not necessarily a crime of violence, M a r t in e z -S e g u r a has a history of repetitive and undeterred criminal conduct. He committed a series of illegal entries and engaged in alien smuggling. Martinez-Segura has not shown that the within-Guidelines sentence was s u b s t a n t iv e ly unreasonable. See Campos-Maldonado, 531 F.3d at 338. AFFIRMED. 2

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