USA v. Edgar Hermosillo-Minor


UNPUBLISHED OPINION FILED. [10-51234 Affirmed] Judge: CDK , Judge: EGJ , Judge: JEG. Mandate pull date is 09/01/2011 for Appellant Edgar Hermosillo-Minor [10-51234]

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Case: 10-51234 Document: 00511569133 Page: 1 Date Filed: 08/11/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-51234 Summary Calendar August 11, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDGAR HERMOSILLO-MINOR, also known as Edgar Hermosillo, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-1986-1 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* Edgar Hermosillo-Minor appeals the 77-month sentence imposed following his guilty plea conviction for importation of marijuana and possession with intent to distribute marijuana. He argues that his sentence was greater than necessary to meet the sentencing goals in 18 U.S.C. § 3553(a). Hermosillo-Minor asserts that application of the career offender enhancement yielded an advisory guidelines range that overstated the seriousness of his offense and did not properly account for the § 3553(a) factors. He also argues that the sentence fails * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 10-51234 Document: 00511569133 Page: 2 Date Filed: 08/11/2011 No. 10-51234 to account for mitigating factors in his personal history and characteristics, particularly his problems with substance abuse. Hermosillo-Minor does not dispute the calculation of the guidelines range. Rather, he challenges the reasonableness of the sentence imposed. Where the district court imposes a sentence within a properly calculated guidelines range, it is presumptively reasonable. See United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008). Here, the district court considered HermosilloMinor’s arguments for a lower sentence and made an individualized sentencing decision based on the facts of the case and in light of the § 3553(a) factors. See Gall v. United States, 552 U.S. 38, 49-50 (2007). Hermosillo-Minor’s sentence is presumed to be reasonable because it was within his guidelines range, and he has not shown sufficient reason for this court to disturb that presumption. See Cooks, 589 F.3d at 186. Thus, he has not shown error, plain or otherwise, with respect to the sentence imposed. See United States v. Mondragon-Santiago, 564 F.3d 357, 360-61 (5th Cir. 2009). AFFIRMED. 2

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