USA v. Juan Martinez-Munoz

Filing

UNPUBLISHED OPINION FILED. [17-20001 Affirmed] Judge: WED, Judge: EBC, Judge: GJC. Mandate pull date is 08/09/2017 for Appellant Juan Martinez-Munoz [17-20001]

Case: 17-20001

Document: 00514080594

Page: 1

Date Filed: 07/19/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-20001
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 19, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

JUAN MARTINEZ-MUNOZ, also known as Juan Menoz Martinez, also known
as Juan Munoz Martinez, also known as Juan Martinez, also known as Jesus
Hernandez, also known as Jose Ferre, also known as Juan Martinez Munoz,
also known as Juan M. Martinez, also known as Jorge Ramirez-Lopez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CR-397-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Juan Martinez-Munoz appeals his 52-month, above-guidelines sentence
of imprisonment following his guilty plea to illegal reentry into the United
States following deportation.

Martinez-Munoz argues that the 52-month

sentence is substantively unreasonable because it is greater than necessary to

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20001

Document: 00514080594

Page: 2

Date Filed: 07/19/2017

No. 17-20001
achieve the sentencing goals of 18 U.S.C. § 3553(a). Specifically, MartinezMunoz contends that the district court “gave undue, significant weight to his
‘long history’ of abusing alcohol and cocaine.”
We review the district court’s non-guidelines sentence for abuse of
discretion under the totality of the circumstances. See Gall v. United States,
522 U.S. 38, 51 (2007); United States v. Brantley, 537 F.3d 347, 349 (5th Cir.
2008).

The record reflects that the district court properly considered the

§ 3553(a) factors.

The district court noted Martinez-Munoz’s 10 criminal

convictions, which included forgery; three driving while intoxicated (DWI)
convictions; two convictions for failure to stop and give information; failure to
identify oneself to a peace officer; assault on a family member; possession of a
controlled substance; and an illegal reentry. The district court further noted
that Martinez-Munoz had been arrested and deported on three prior occasions
without charges being filed. In connection with noting that the enhancing
felony in the instant case was a DWI third offense, the district court
commented on Martinez-Munoz’s “long history of abusing alcohol . . . and
cocaine.”

The district court concluded that Martinez-Munoz has “not

acclimated to the norms of law-abiding community members” and “has
demonstrated time and time again he will not abide by the laws of the United
States.” Under the totality of the circumstances, the 52-month sentence is
reasonable. See Brantley, 537 F.3d at 349. Further, we have upheld much
greater upward variances. See id. at 349-50; United States v. Lopez-Velasquez,
526 F.3d 804, 807 (5th Cir. 2008); United States v. Smith, 417 F.3d 483, 49293 (5th Cir. 2005).
AFFIRMED.

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