United States v. Hugo Hernandez

U.S. Court of Appeals for the Fifth Circuit
United States v. Hugo Hernandez, 578 F. App'x 355 (5th Cir. 2014)

United States v. Hugo Hernandez

Opinion

PER CURIAM: *

Hugo Hernandez appeals from the 188-month sentence imposed following his conviction of conspiring to possess with intent to distribute 100 grams or more of heroin. He argues only that the sentence imposed is substantively unreasonable because it is greater than necessary to satisfy the purposes of sentencing.

We review the substantive reasonableness of a sentence for an abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Since Hernandez’s sentence falls within the applicable guidelines range, we afford it a presumption of reasonableness. See United States v. Campos-Maldonado, 531 F.3d 337, 338 (5th Cir. 2008).

We decline Hernandez’s invitation to reweigh the 18 U.S.C. § 3553(a) factors because “the sentencing judge is in a superi- or position to find facts and judge their import under § 3553(a) with respect to a particular defendant.” Id. at 339. The fact that this court “might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.” Gall, 552 U.S. at 51, 128 S.Ct. 586. Hernandez fails to rebut the presumption that his sentence is substantively reasonable. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Hugo HERNANDEZ, Also Known as Hugo, Defendant-Appellant
Status
Unpublished