391 F. App'x 376

UNITED STATES of America, Plaintiff-Appellee v. Lorenzo ARREDONDO-DUENAS, also known as Lorenzo Arredondo-Duenes, Defendant-Appellant.

No. 09-51016

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 17, 2010.

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

M. Carolyn Fuentes, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for DefendanU-Appellant.

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Lorenzo Arredondo-Duenas (Arredon-do) appeals the 77-month sentence he re*377ceived following his guilty plea conviction for illegal reentry into the United States following deportation. He asserts that his sentence, despite being within the applicable guidelines range, was substantively unreasonable because it was greater than needed to accomplish the goals of 18 U.S.C. § 3558(a). He notes that the defense arguments at sentencing focused on his cultural assimilation and his improved character and prospects in Mexico.

Because Arredondo did not object to the imposed sentence as unreasonable, we review this claim for plain error. United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir.2007). Arredondo’s disagreement with the within-guidelines sentence imposed does not suffice to rebut the presumption of reasonableness. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir.2008); United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir.2008).

Additionally, Arredondo contends that the applicable guidelines range of 77-96 months in prison was too severe because U.S.S.G. § 2L1.2 was not empirically based. This court has consistently rejected Arredondo’s “empirical data” argument. See United States v. Duarte, 569 F.3d 528, 529-30 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 378, 175 L.Ed.2d 231 (2009). Additionally Arredondo has not established that this court may not apply a presumption of reasonableness to a sentence imposed within the applicable guidelines range. See United States v. Mondragon-Santiago, 564 F.3d 357, 367 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 192, 175 L.Ed.2d 120 (2009). Consequently, the judgment of the district court is AFFIRMED.

United States v. Arredondo-Duenas
391 F. App'x 376

Case Details

Name
United States v. Arredondo-Duenas
Decision Date
Aug 17, 2010
Citations

391 F. App'x 376

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!