USA v. Campos-Sadriva, No. 07-41234 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-41234 Summary Calendar August 7, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE MANUEL CAMPOS-SADRIVA, true name Jose Manuel Campos-Campos Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:07-CR-1044-1 Before SMITH, STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Jose Manuel Campos-Sadriva (Campos) pleaded guilty to one count of being found unlawfully present in the United States subsequent to a prior deportation, in violation of 8 U.S.C. § 1326. The district court sentenced him to 30 months of imprisonment, within the guidelines range. Campos objected in the district court to the sentence imposed. Campos now appeals, challenging only the reasonableness of the sentence imposed. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 07-41234 In applying the Sentencing Guidelines in this case, the district court enhanced Campos s offense level by 12 levels pursuant to U.S.S.G. § 2L1.2(b)(1)(B) based on Campos s prior drug-trafficking conviction. Campos does not challenge the district court s application of the Guidelines. Instead, he contends that his sentence was unreasonable in light of the Supreme Court s decisions in Gall v. United States, 128 S. Ct. 586 (2007), and Kimbrough v. United States, 128 S. Ct. 558 (2007). He maintains that our prior jurisprudence impermissibly constrained the district court s sentencing discretion in a manner incompatible with Gall and Kimbrough. We have recently rejected this same argument. United States v. Campos-Maldonado, 531 F.3d 337, 338-39 (5th Cir. 2008)(per curiam); United States v. Gomez-Herrera, 523 F.3d 554, 557 n.1 (5th Cir. 2008), petition for cert. filed (July 2, 2008)(No. 08-5226). Campos has not overcome the rebuttable presumption that his withinguidelines sentence was reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). We thus conclude that the district court did not abuse its discretion when it imposed Campos s 30-month sentence. See Gall, 128 S. Ct. at 594. AFFIRMED. 2
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