United States v. Vasquez-Torres
United States v. Vasquez-Torres
Opinion of the Court
Eugenio Vasquez-Torres appeals the 57-month sentence imposed following his guilty plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the sentence is substantively unreasonable because it is greater than necessary to satisfy the sentencing goals set forth in 18 U.S.C. § 3553(a). Relying on Kimbrough v. United States, 552 U.S. 85, 108-10, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), he argues that the guidelines range was too severe because U.S.S.G. § 2L1.2 is not empirically based and double counts a defendant’s criminal record. He also argues that the guidelines range overstated the seriousness of his criminal history and non-violent reentry offense. Finally, Vasquez-Torres argues that the guidelines range failed to account for his motive for reentering, the age of his prior crime of violence conviction, the fact that he has been living a law-abiding life in the United States for several years, and the fact that he is a hard worker and good father.
This court has consistently rejected Vasquez-Torres’s “empirical data” argument. See United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 & n. 7 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 192, 175 L.Ed.2d 120 (2009); United States v. Duarte, 569 F.3d 528, 530 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 378, 175 L.Ed.2d 231 (2009). This court has also rejected the argument that double-counting necessarily renders a sentence unreasonable. See Duarte, 569 F.3d at 529-31.
The district court considered Vasquez-Torres’s request for a downward variance,
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.