Filed: Apr. 04, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10721 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LORENZO SANTA ANA-VALDESPINO, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-20-1-Y - April 4, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Lorenzo Santa Ana-Valdespino appeals the upward-departure sentence imposed by the district court following his guilty-
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10721 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LORENZO SANTA ANA-VALDESPINO, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CR-20-1-Y - April 4, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Lorenzo Santa Ana-Valdespino appeals the upward-departure sentence imposed by the district court following his guilty-p..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10721
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LORENZO SANTA ANA-VALDESPINO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-20-1-Y
--------------------
April 4, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Lorenzo Santa Ana-Valdespino appeals the upward-departure
sentence imposed by the district court following his guilty-plea
conviction for illegal reentry into the United States, in violation
of 8 U.S.C. § 1326. He argues that the court’s imposition of the
statutory maximum sentence “effectively nullified” his acceptance-
of-responsibility adjustment and did not “take into account either
[his] cooperation with the government or the mitigating
circumstances of his childhood and personal history.”
*
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that this opinion should not be published and is not precedent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.
No. 00-10721
-2-
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. Ana-
Valdespino fails to cite any authority indicating that the district
court was required to apply a three-level acceptance of
responsibility adjustment from the statutory maximum sentence, and
the record reflects that the district court did consider mitigating
circumstances surrounding the case.
While the sentence imposed in this case was two and one-half
times the recommended Guideline range, this result is not
unreasonable in light of the evidence of numerous instances of past
criminal conduct, which were not considered in the criminal history
calculation, and the overwhelming likelihood that Ana-Valdespino
would return to a similar course of behavior. Accordingly, on
this record, the extent of the district court’s departure was
reasonable and not an abuse of discretion. See United States v.
Route,
104 F.3d 59, 64 (5th Cir. 1997).
The judgment of the district court is AFFIRMED.