United States v. Varela
United States v. Varela
Opinion of the Court
Jose Arturo Varela appeals his 97-month sentence following his guilty plea
In reviewing a sentence, we consider the substantive reasonableness of the sentence using an abuse-of-discretion standard.
In this case, the district court considered Varela’s argument that the Guidelines for child pornography were arbitrary and not based on empirical data. The court concluded that based on the deliberation of Congress and the Supreme Court’s approval, the Guidelines were satisfactory. However, the court also noted it could take the nature of the Guidelines into account under § 3553(a) should such consideration be appropriate.
The district court heard arguments from both sides regarding Varela’s personal characteristics, criminal offense, and the § 3553(a) sentencing factors. The court concluded that Varela’s circumstances were insufficient to warrant a downward departure, especially given his limited allocution. Varela offered no reason for why he committed the crime, and the court found he was not remorseful. While he acknowledged “the hurt ... about the girl [victim],” in the same sentence he said, “if I can just say, I mean, you have no idea how much hurt I’m also in.” We recognize that Varela was not a native English speaker and addressed the court in English, which could have resulted in some stilted phrasing. Nevertheless, we believe the district court was in the best position to assess Varela’s sincerity in his allocution and also to consider how his impending deportation should factor into the sentence. “The fact that the appellate court might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.”
Applying the deferential abuse-of-discretion standard, we AFFIRM the sentence given below.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. U.S.S.G. § 2G2.2.
. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Rodriguez, 523 F.3d 519, 525 (5th Cir. 2008).
. United States v. Smith, 417 F.3d 483, 486-87 (5th Cir. 2005) (internal quotation marks omitted).
. Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007).
. United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008) (internal quotation marks and citation omitted).
. Gall, 552 U.S. at 51, 128 S.Ct. 586.
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