Moisés Belmares-Delgado (Belmares) pleaded guilty to attempting to enter the United States unlawfully after previous deportation. Belmares was sentenced at the bottom of the guidelines imprisonment range to a 57-month term of imprisonment and to a two-year period of supervised release. Belmares gave timely notice of his appeal.
Belmares contends that this case should be summarily remanded for resentencing in light of Gall v. United States, - U.S. -, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, - U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). Reviewing this contention for plain error, we find nothing in the record indicating that the district court felt constrained by this court’s pre-Gall jurisprudence. See United States v. Rodriguez-Rodriguez, 530 F.3d 381, 387-88 (5th Cir. 2008); United States v. Campos-Maldonado, 531 F.3d 337, 339 (5th Cir.), petition for cert. filed (Aug. 20, 2008) (No. OS-5988). Instead, the record reflects that the district court imposed a guidelines sentence because of the need to punish Belmares and to deter him from future criminal conduct and because the guidelines sentence satisfied the 18 U.S.C. § 3553(a) factors.
Belmares contends that the district court failed to explain adequately and justify its sentence in terms of the factors in § 3553(a). Under the circumstances of this case, the district court’s explanation for imposing a sentence at the bottom of the guidelines range is adequate to satisfy this “court that [the district judge] has considered the parties’ arguments and has a reasoned basis for exercising his own legal decisionmaking authority.” Rita v. United States, 551 U.S. 338, 127 S.Ct. 2456, 2468, 168 L.Ed.2d 203 (2007).
Belmares argues that his within-guidelines sentence should not be presumed to be reasonable under United States v. Alonzo, 435 F.3d 551, 554 (5th Cir.2006), because the 16-level enhancement provided by U.S.S.G. § 2L1.2 is not “empirically grounded.” We rejected a similar argument in Campos-Maldonado, 531 F.3d at 338-39. The judgment is
AFFIRMED.