USA v. Marvin Morale
UNPUBLISHED OPINION FILED. [16-51225 Affirmed] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 08/29/2017 for Appellant Marvin Kenneth Morales [16-51225]
Date Filed: 08/08/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
August 8, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
MARVIN KENNETH MORALES, also known as Miguel Higareda, also known
as Jose Ayala, also known as Victor Morales,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:16-CR-172-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
Defendant-Appellant Marvin Kenneth Morales appeals the aboveguidelines sentence imposed following his guilty plea for illegal reentry into
the United States.
He challenges the substantive reasonableness of his
“A non-Guidelines sentence unreasonably fails to reflect the
statutory sentencing factors set forth in [18 U.S.C.] § 3553(a) where it (1) does
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 08/08/2017
not account for a factor that should have received significant weight, (2) gives
significant weight to an irrelevant or improper factor, or (3) represents a clear
error of judgment in balancing the sentencing factors.” United States v. Diehl,
775 F.3d 714, 724 (5th Cir. 2015). “[R]eview for substantive reasonableness is
highly deferential.” Id. (internal quotation marks and citations omitted).
We review the substantive reasonableness of the sentence for abuse of
discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The district court
based its above-guidelines sentence on permissible statutory sentencing
factors. See § 3553(a). Morales asks, explicitly in part, that we reweigh the §
3553(a) factors, which is not within the scope of our review. See Gall, 552 U.S.
at 51. There is no indication that the district court gave improper weight to
his history of past offenses or any mitigating factors. See United States v.
Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008). Likewise, the degree of the
unreasonable. See United States v. Key, 599 F.3d 469, 475-76 (5th Cir. 2010);
United States v. Brantley, 537 F.3d 347, 348-50 (5th Cir. 2008).
The judgment of the district court is AFFIRMED.
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