IN THE UNITED STATES COURT OF APPEALS
                   FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                   Fifth Circuit

                                                FILED
                                                                February 20, 2009
                                No. 08-40049
                              Summary Calendar               Charles R. Fulbruge III
                                                                     Clerk

UNITED STATES OF AMERICA

                                           Plaintiff-Appellee

v.

ROBERTO AGUILAR, JR, also known as Robert Aguilar

                                           Defendant-Appellant


                 Appeal from the United States District Court
                      for the Southern District of Texas
                           USDC No.7:07-CR-618-1


Before REAVLEY, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
      Roberto Aguilar, Jr., pleaded guilty to the charge of being found illegally
in the United States after having been deported. See 8 U.S.C. § 1326. Because
Aguilar had a prior conviction for robbery, his offense level was adjusted upward
by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii).      After granting the
Government’s request for a two-level downward departure for early disposition
under § 5K3.1, p.s., the district court sentenced Aguilar to a 37-month term of



      *
      Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
                                  No. 08-40049

imprisonment, at the bottom of the guidelines range.            Aguilar appeals his
sentence, arguing that it is unreasonable. In reviewing a sentence, we “consider
the   substantive   reasonableness    of       the   sentence   imposed   under   an
abuse-of-discretion standard.” Gall v. United States, 

, 597 (2007).
      Aguilar argues that § 2L1.2 is not empirically based and should be
accorded little weight in the 18 U.S.C. § 3553(a) analysis. Because Aguilar did
not raise this argument in the district court, plain error review applies. See
United States v. Baker, 

, 332 (5th Cir.), cert. denied, 

(Jan. 12, 2009) (No. 08-7559). Aguilar has not shown error, plain or otherwise.
See United States v. Campos-Maldonado, 

, 338-39 (5th Cir.), cert.
denied, 

(2008); United States v. Gomez-Herrera, 

,
565-66 (5th Cir.), cert. denied, 

(2008).
      Aguilar is essentially asking this court to reweigh the § 3553(a) factors,
which we may not do.       See 

.          The totality of the
circumstances, considered in light of the § 3553(a) factors, supports the sentence
the district court imposed. See