USA v. Jaime Segovia-Castillo

Filing

UNPUBLISHED OPINION FILED. [09-51131 Affirmed ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Jaime Segovia-Castillo [09-51131]

USA v. Jaime Segovia-Castillo Case: 09-51131

Document: 00511274771 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51131 C o n fe r e n c e Calendar October 26, 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 A I M E SEGOVIA-CASTILLO, 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 Western District of Texas U S D C No. 2:09-CR-733-1

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* J a im e Segovia-Castillo (Segovia) appeals the 41-month within-guidelines s e n te n c e imposed in connection with his guilty-plea conviction for illegal reentry fo llo w in g deportation. He argues that his sentence is greater than necessary to a c c o m p lis h the sentencing goals of 18 U.S.C. § 3553(a) and that he should have b e e n sentenced below the guidelines range. He maintains that his offense was m e r e ly an international trespass and that his sentence was too severe for the

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-51131 Document: 00511274771 Page: 2 Date Filed: 10/26/2010 No. 09-51131 c r im e . He contends that his sentence fails to account for the age of his prior c o n v ic t io n , his motive for entry, family ties, and work history. This court reviews the substantive reasonableness of a sentence under an a b u s e -o f-d is c r e t io n standard. See Gall v. United States, 552 U.S. 38, 51 (2009). "[A] sentence within a properly calculated Guideline range is presumptively r e a s o n a b le ." United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). S e g o v ia argues that this court should not accord his within-guidelines s e n te n c e a presumption of reasonableness because the applicable Guideline is n o t supported by empirical data. This argument is foreclosed. See United States v . Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.), cert. denied, 130 S. Ct. 1 9 2 (2009). He acknowledges this argument is foreclosed but raises the issue to p r e s e r v e it for possible further review. T h is court has determined that the "international trespass" contention r a is e d by Segovia does not justify disturbing an otherwise presumptively r e a s o n a b le sentence. See United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th C ir . 2006). The record shows that the district court listened to Segovia's

a r g u m e n t s but ultimately determined that a sentence within the guidelines r a n g e was appropriate. His arguments 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 guidelines range was an abuse of discretion. See G a ll, 552 U.S. at 51. Accordingly, the district court's judgment is AFFIRMED.

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