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United States v. Luis Mariles-Santos, 07-2979 (2008)

Court: Court of Appeals for the Eighth Circuit Number: 07-2979 Visitors: 21
Filed: Jun. 09, 2008
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-2979 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Luis Mariles-Santos, * * [UNPUBLISHED] Appellant. * _ Submitted: May 26, 2008 Filed: June 9, 2008 _ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. _ PER CURIAM. Luis Mariles-Santos challenges the reasonableness of his 19-month within- Guidelines-range prison sentence, which the district court1 i
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 07-2979
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * District of Nebraska.
Luis Mariles-Santos,                    *
                                        * [UNPUBLISHED]
             Appellant.                 *
                                   ___________

                             Submitted: May 26, 2008
                                Filed: June 9, 2008
                                 ___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
                          ___________

PER CURIAM.

      Luis Mariles-Santos challenges the reasonableness of his 19-month within-
Guidelines-range prison sentence, which the district court1 imposed after Mariles-
Santos pleaded guilty to illegally entering the United States after deportation
following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b)(1).

      We conclude that Mariles-Santos’s sentence is not unreasonable and therefore
was not abuse of the district court’s discretion. See United States v. Haack, 
403 F.3d 1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
997, 1003 (8th Cir. 2005) (abuse-of-discretion review standard). The court
specifically acknowledged the advisory nature of the Guidelines and referenced
several of the 18 U.S.C. § 3553(a) sentencing factors, and nothing in the record
indicates that the court overlooked a relevant factor, gave significant weight to an
improper factor, or made a clear error of judgment in weighing appropriate factors.
See Rita v. United States, 
127 S. Ct. 2456
, 2462-68 (2007) (allowing appellate
presumption of reasonableness for within-Guidelines-range sentence); United States
v. Clay, 
524 F.3d 877
, 878 (8th Cir. 2008) (applying presumption); 
Haack, 403 F.3d at 1004
(listing circumstances that may warrant finding of abuse of discretion).

      Accordingly, we affirm.
                     ______________________________




                                        -2-

Source:  CourtListener

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