Case: 17-10787 Document: 00514503921 Page: 1 Date Filed: 06/07/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-10787 Fifth Circuit FILED Summary Calendar June 7, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. ALFONSO ESCOBEDO GARCIA, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-131-1

Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: * Alfonso Escobedo Garcia pleaded guilty to conspiring to possess with in- tent to distribute methamphetamine. The district court varied below the sen- tencing guidelines range and imposed 144 months’ imprisonment and five years of supervised release. Garcia challenges his sentence’s substantive rea-

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10787 Document: 00514503921 Page: 2 Date Filed: 06/07/2018

No. 17-10787 sonableness, arguing that U.S.S.G. § 2D1.1 is untethered to empirical evi- dence. The Government moved for either summary affirmance or an extension of time to file an appellate brief.

We grant neither motion but affirm the district court’s judgment. Our case law rejects arguments like Garcia’s—that Kimbrough v. United States, 552 U.S. 85, 109–10 (2007), means a sentence is necessarily unreasonable if the relevant guideline is not empirically based, or that the presumption of rea- sonableness should not apply on appeal. See, e.g., United States v. Duarte, 569 F.3d 528, 530–31 (5th Cir. 2009); United States v. Mondragon-Santiago, 564 F.3d 357, 366–67 (5th Cir. 2009). The government’s motions are DENIED and the judgment is AFFIRMED.