USA v. Edgar Cruz
UNPUBLISHED OPINION FILED. [10-50948 Affirmed ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 08/01/2011 for Appellant Edgar Cruz [10-50948]
Date Filed: 07/11/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
July 11, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-1035-1
Before WIENER, PRADO and OWEN, Circuit Judges.
Edgar Cruz pleaded guilty to importation of marijuana and possession
with intent to distribute marijuana, and he was sentenced within the guidelines
range to 77 months of imprisonment and four years of supervised release on each
count, to be served concurrently.
Cruz argues on appeal that the district court imposed an unreasonable
sentence when it sentenced him at the bottom of the advisory guidelines range
to 77 months of imprisonment.
He contends that the career offender
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 07/11/2011
enhancement overstated the seriousness of his offense and did not take into
consideration any of the 18 U.S.C. § 3553(a) factors. He also contends that his
sentence was greater than necessary because of mitigating factors in his
personal history and characteristics and his family responsibilities.
Because Cruz did not object to the reasonableness of his sentence in the
district court, the issue should be reviewed for plain error. See United States v.
Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). The record demonstrates that the
district court considered Cruz’s arguments and the § 3553(a) factors in imposing
his within-Guidelines sentence, and thus Cruz has failed to rebut the
presumption that his sentence was reasonable.
See United States v.
Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008). As a result, Cruz has not
shown that the district court committed plain error by imposing an unreasonable
sentence. See Peltier, 505 F.3d at 391-92.
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