United States v. Gonzalez-Morales
United States v. Gonzalez-Morales
Opinion of the Court
Onario Gonzalez-Morales (Gonzalez) appeals following his guilty plea conviction
Because Gonzalez did not object to the imposed sentence as unreasonable, we review this claim for plain error. United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). Gonzalez’s disagreement with the within-guidelines sentence imposed does not suffice to rebut the presumption of reasonableness. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008); United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008).
Gonzalez raises two additional arguments, which he acknowledges are foreclosed by our precedent, to preserve for further review. He argues that, in light of Kimbrough v. United States, 552 U.S. 85, 109-10, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), the presumption of reasonableness does not apply to his within-guidelines sentence because the illegal reentry Guideline, U.S.S.G. § 2L1.2, lacks an empirical basis. We have consistently rejected Gonzalez’s argument, concluding that Kimbrough does not question the presumption of reasonableness and does not require district or appellate courts to independently analyze the empirical grounding behind each individual Guideline. See United States v. Duarte, 569 F.3d 528, 530-31 (5th Cir.), cert. denied, — U.S. — , 130 S.Ct. 378, 175 L.Ed.2d 231 (2009); United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 192, 175 L.Ed.2d 120 (2009).
Gonzalez also argues that the Guidelines produce unwarranted sentencing disparities between defendants who can participate in a fast-track program and defendants who cannot. We have held that “any sentencing disparity result from fast track disposition is not unwarranted.” Gomez-Herrera, 523 F.3d at 563. Because Gonzalez has not shown that his 24-month prison sentence is substantively unreasonable, the judgment of the district court is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.