United States v. Flores-Prieto
United States v. Flores-Prieto
Opinion of the Court
Fredie Antonio Flores-Prieto (Flores) appeals his 41-month sentence for being
We review the substantive reasonableness of Flores’s sentence for an abuse of discretion. United States v. Delgado-Martinez, 564 F.3d 750, 751 (5th Cir. 2009). As Flores concedes, his “fast-track” and empirical data arguments are foreclosed by our precedent. See United States v. Gomez-Herrera, 523 F.3d 554, 563 (5th Cir. 2008) (challenging the lack of a “fast-track” program); 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) (challenging the lack of empirical support for U.S.S.G. § 2L1.2). Flores’s disagreement with the district court’s balancing of the § 3553(a) factors is insufficient to show error in connection with his sentence. See United States v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010) (per curiam). He has not established that his within-guidelines sentence is unreasonable or that it should not be accorded a presumption of reasonableness. See United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008).
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.