422 F. App'x 355

UNITED STATES of America, Plaintiff-Appellee v. Raul GARCIA-NEVAREZ, Defendant-Appellant.

No. 10-50712

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 18, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before GARWOOD, DAVIS and OWEN, Circuit Judges.

PER CURIAM: *

Raul Garcia-Nevarez (Garcia) appeals from his four concurrent 24-month sentences imposed following his convictions for two counts of conspiring to illegally export defense articles and two counts of aiding and abetting the illegal export of defense articles; his sentences each fall well below the applicable guidelines range.

Garcia asserts no procedural error. He claims only that the sentence is substantively unreasonably long in light of the 18 U.S.C. § 3553(a) factors. We ordinarily review sentences for reasonableness under an abuse of discretion standard. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586,169 L.Ed.2d 445 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir.2006). However, because Garcia did not object to the unreasonableness of his sentence in the district court, our review is for plain error only. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir.2007). We decline his invitation to engage in impermissible “substantive second-guessing of the sentencing court.” United States v. Cisneros-Gutierrez, 517 F.3d 751, 767 (5th Cir.2008).

AFFIRMED.

United States v. Garcia-Nevarez
422 F. App'x 355

Case Details

Name
United States v. Garcia-Nevarez
Decision Date
Apr 18, 2011
Citations

422 F. App'x 355

Jurisdiction
United States

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