USA v. Roberto Saenz-Aranda


UNPUBLISHED OPINION FILED. [14-50516 Affirmed ] Judge: ECP , Judge: PRO , Judge: JEG Mandate pull date is 03/23/2015 for Appellant Roberto Saenz-Aranda [14-50516]

Download PDF
Case: 14-50516 Document: 00512954377 Page: 1 Date Filed: 03/02/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50516 Summary Calendar FILED March 2, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO SAENZ-ARANDA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:14-CR-31 Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * Roberto Saenz-Aranda appeals the 24-month sentence imposed following his guilty plea conviction for illegal reentry following prior removal. He argues that his sentence, which is at the low end of the applicable guidelines range, is greater than necessary to meet the sentencing objectives of 18 U.S.C. § 3553(a). Saenz-Aranda contests the application of U.S.S.G. § 2L1.2, the illegal reentry guideline, on the basis that it is not empirically based, double counts prior 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-50516 Document: 00512954377 Page: 2 Date Filed: 03/02/2015 No. 14-50516 convictions, and does not account for the nonviolent nature of his offense, which he asserts is an “international trespass.” He also contends that the district court did not account for his personal circumstances, specifically that he reentered the United States because of the violence in Mexico and to be reunited with his family. Saenz-Aranda did not object to the reasonableness of his sentence and, thus, our review is for plain error. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). Saenz-Aranda acknowledges that we apply plain error review when a defendant fails to object to the reasonableness of the sentence imposed in the district court; however, he seeks to preserve this issue for further review. As Saenz-Aranda recognizes, his assertion that the presumption of reasonableness should not apply because § 2L1.2 lacks an empirical basis is foreclosed, and he raises it to preserve it for further review. See United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir. 2009). We likewise have rejected his contention that a within-guidelines sentence is unreasonable because § 2L1.2 effectively double counts prior convictions. United States v. Duarte, 569 F.3d 528, 529-30 (5th Cir. 2009). Also, we have not been persuaded by the claim that the Sentencing Guidelines do not take into account the nonviolent nature of an illegal reentry offense. See United States v. AguirreVilla, 460 F.3d 681, 683 (5th Cir. 2006). With regard to Saenz-Aranda’s claim that his sentence did not reflect his personal circumstances, the district court considered his arguments that a lesser sentence was warranted on those grounds and determined that a sentence within the guidelines range was proper. We will give “great deference” to a properly calculated within-guidelines sentence, see United States v. Mares, 402 F.3d 511, 519-20 (5th Cir. 2005), and Saenz-Aranda has 2 Case: 14-50516 Document: 00512954377 Page: 3 Date Filed: 03/02/2015 No. 14-50516 not demonstrated that the district court’s presumptively reasonable choice of sentence was erroneous. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). His assertions on appeal are insufficient to rebut the presumption of reasonableness. See United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008). Accordingly, the judgment of the district court is AFFIRMED. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?