United States v. Cruz-Hernandez

Case: 21-51152 Document: 00516367616 Page: 1 Date Filed: 06/23/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-51152 June 23, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Jesus Javier Cruz-Hernandez,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-504-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:*

Jesus Javier Cruz-Hernandez pleaded guilty to conspiracy to transport illegal aliens and now appeals the 46-month sentence imposed. He argues that the sentence is substantively unreasonable because it is greater than necessary to achieve the sentencing goals of 18 U.S.C. § 3553(a). Specifically, Case: 21-51152 Document: 00516367616 Page: 2 Date Filed: 06/23/2022

No. 21-51152 he argues that the district court should have given more consideration to the severity of the increase to his base offense level, his lack of a criminal history, his marital and substance abuse problems, and his employment history.

We consider the substantive reasonableness of a sentence imposed under an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 51 (2007). Furthermore, we presume that a within-guidelines sentence is reasonable. United States v. Jenkins, 712 F.3d 209, 214 (5th Cir. 2013). The district court considered Cruz-Hernandez’s mitigation arguments, the record, and the § 3553(a) factors before determining that a sentence at the top of the guidelines range was fair and reasonable. Cruz-Hernandez fails to rebut the presumption of reasonableness attached to his sentence by showing that the district court failed to consider a pertinent factor, considered an irrelevant or improper factor, or erred in balancing the sentencing factors. See Jenkins, 712 F.3d at 214.

The judgment of the district court is AFFIRMED.