USA v. Adolfo Reye
UNPUBLISHED OPINION FILED. [12-51278 Affirmed ] Judge: FPB , Judge: EBC , Judge: PRO Mandate pull date is 09/20/2013 for Appellant Adolfo Reyes [12-51278]
Date Filed: 08/30/2013
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
August 30, 2013
Lyle W. Cayce
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:12-CR-800-1
Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges.
Adolfo Reyes pleaded guilty to illegal reentry after deportation in violation
of 8 U.S.C. § 1326 and was sentenced to 34 months of imprisonment and three
years of supervised release. Reyes challenges the substantive reasonableness
of his sentence, arguing that his sentence is unreasonable because it is greater
than necessary to achieve the sentencing goals of 18 U.S.C. § 3553(a). He argues
that the guidelines range overstated the seriousness of the offense, which was
essentially a trespass. He contends that his 34-month sentence overstated his
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 08/30/2013
criminal history, his risk of recidivism, his danger to the public, and the
seriousness of his offense, and that the district court misweighed the § 3553
We review sentences for substantive reasonableness, in light of the
§ 3553(a) factors, under an abuse of discretion standard. Gall v. United States,
552 U.S. 38, 49-51 (2007).
A within-guidelines sentence is entitled to a
presumption of reasonableness. See Rita v. United States, 551 U.S. 338, 347
(2007). We have rejected the argument that illegal reentry is merely a trespass
offense that is treated too harshly under U.S.S.G. § 2L1.2. See United States v.
Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006). The district court considered
Reyes’s personal history and characteristics and the other statutory sentencing
factors in § 3553(a), in particular Reyes’s criminal history of a conviction for
attempted robbery, numerous DUI offenses, and a resisting arrest offense, and
determined that he was a danger to the public. Reyes’s disagreement with the
district court’s weighing of the § 3553(a) factors is insufficient to rebut the
presumption of reasonableness that attaches to a within-guidelines sentence.
See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009).
Reyes has not demonstrated that the district court abused its discretion
by sentencing him to a within-guidelines sentences of 34 months. See Gall, 552
U.S. at 51. The judgment of the district court is AFFIRMED.
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