USA v. Victor Diaz-Gomez

Filing

UNPUBLISHED OPINION FILED. [17-10347 Affirmed] Judge: JLW, Judge: JLD, Judge: LHS. Mandate issue date is 12/21/2017 for Appellant Victor Manuel Diaz-Gomez [17-10347]

Case: 17-10347

Document: 00514253992

Page: 1

Date Filed: 11/29/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-10347
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
November 29, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
VICTOR MANUEL DIAZ-GOMEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:16-CR-66-1
Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *

After Defendant-Appellant Victor Manuel Diaz-Gomez pleaded guilty to
illegal reentry after deportation, the district court varied upward from the
guidelines range and sentenced him to an 18-month term of imprisonment and
a one-year period of supervised release.

Diaz-Gomez contends that the

sentence was substantively unreasonable and that the district court’s
balancing of the sentencing factors involved a clear error of judgment.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10347

Document: 00514253992

Page: 2

Date Filed: 11/29/2017

No. 17-10347
We

review

sentences

for

procedural

error

reasonableness under an abuse of discretion standard.

and

substantive

United States v.

Johnson, 619 F.3d 469, 471-72 (5th Cir. 2010); see also United States v. Smith,
440 F.3d 704, 708 (5th Cir. 2006). Having reviewed the arguments presented
by Diaz-Gomez and the Government and pertinent portions of the record on
appeal, we defer to the district court’s determination of an appropriate
sentence in this case. See United States v. Brantley, 537 F.3d 347, 349 (5th
Cir. 2008). The judgment is AFFIRMED.

2