Filed: Dec. 20, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 18-50349 Document: 00514769172 Page: 1 Date Filed: 12/20/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-50349 Fifth Circuit FILED Summary Calendar December 20, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. MARCELINO JAIME-LUNA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:17-CR-677-1 Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER C
Summary: Case: 18-50349 Document: 00514769172 Page: 1 Date Filed: 12/20/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-50349 Fifth Circuit FILED Summary Calendar December 20, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. MARCELINO JAIME-LUNA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:17-CR-677-1 Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CU..
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Case: 18-50349 Document: 00514769172 Page: 1 Date Filed: 12/20/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 18-50349
Fifth Circuit
FILED
Summary Calendar December 20, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
MARCELINO JAIME-LUNA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:17-CR-677-1
Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.
PER CURIAM: *
Marcelino Jaime-Luna appeals the 51-month sentence he received
following his guilty plea conviction for illegal reentry into the United States.
He argues that the sentence is greater than necessary to meet the sentencing
goals of 18 U.S.C. § 3553(a). We review sentences for substantive
reasonableness under an abuse of discretion standard. Gall v. United States,
552 U.S. 38, 49-51 (2007). Because the sentence falls within the properly
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-50349 Document: 00514769172 Page: 2 Date Filed: 12/20/2018
No. 18-50349
calculated advisory guidelines range, it is entitled to a presumption of
reasonableness. See United States v. Campos-Maldonado,
531 F.3d 337, 338
(5th Cir. 2008). We have rejected Jaime-Luna’s argument that the double-
counting of criminal history for illegal reentry necessarily renders a sentence
unreasonable. See United States v. Duarte,
569 F.3d 528, 529-31 (5th Cir.
2009).
Jaime-Luna’s general disagreement with the propriety of his sentence
and the district court’s weighing of the § 3553(a) factors is insufficient to rebut
the presumption of reasonableness that attaches to a within-guidelines
sentence. See United States v. Cooks,
589 F.3d 173, 186 (5th Cir. 2009). His
arguments amount to a request that this court reweigh the sentencing factors,
which we may not do. See
Gall, 552 U.S. at 51. Jaime-Luna has not shown
that the district court failed to consider any significant factors, gave undue
weight to any improper factors, or clearly erred in balancing the sentencing
factors. He has not rebutted the presumption of reasonableness. See
Cooks,
589 F.3d at 186.
AFFIRMED.
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