U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. Gilberto Rojas-Sandoval

United States v. Gilberto Rojas-Sandoval
U.S. Court of Appeals for the Fifth Circuit · Decided August 15, 2011 · Benavides, Stewart, Clement
437 F. App'x 335

United States v. Gilberto Rojas-Sandoval

Opinion

PER CURIAM: *

Gilberto Rojas-Sandoval (Rojas) appeals from his within-guidelines range sentence of 45 months of imprisonment for illegal reentry. He does not challenge that the district court properly calculated the guideline range as 41-51 months. He argues only that the sentence imposed was substantively unreasonable for several asserted reasons. Because Rojas did not object to his sentence, review is for plain error only. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). However, in any event, no error, plain or otherwise, is presented on this appeal.

Rojas concedes that his contention that a sentence within a guidelines range calculated pursuant to U.S.S.G. § 2L1.2 should not be afforded a presumption of reasonableness on appeal is foreclosed by 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). Likewise, Rojas’s argument that his sentence should have been more lenient because his offense was neither violent nor dangerous but rather was, essentially, an international trespass has also been rejected by this court. See United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006). Although he contends that the sentence is unreasonable because it does not properly account for his history, characteristics, or the age of his prior aggravated assault conviction, the district court expressly concluded that the sentence was appropriate in light of all of the 18 U.S.C. § 3553(a) factors, and this court must give deference to that conclusion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Rojas fails to rebut the presumption of substantive reasonableness which we afforded his within-guidelines sentence on appeal, see United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006), 1 much less *336 shows plain error. See Peltier, 505 F.3d at 391-92.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. See also United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006); United States v. Gonzalez-Valencia, 401 Fed.Appx. 888, 888-89 (5th Cir. 2010); United States v. Ortiz-Arriaga, 355 Fed.Appx. 849, 849-50 (5th Cir. 2009); United States v. Gonzales-Torres, 288 Fed.Appx. 927, 928-29 (5th Cir. 2008).

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