USA v. Francisco Cortez-Gomez, No. 09-50722 (5th Cir. 2010)

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Case: 09-50722 Document: 00511084794 Page: 1 Date Filed: 04/19/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50722 Summary Calendar April 19, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO CORTEZ-GOMEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-1192-1 Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* Francisco Cortez-Gomez (Cortez) appeals the nonguidelines sentence imposed following his guilty plea conviction for illegal reentry after deportation. He argues that the 21-month sentence imposed is unreasonable under 18 U.S.C. § 3553(a) because the sentence is greater than necessary to address the sentencing factors set forth therein. The district court determined that the advisory guidelines range was not adequate and that a greater sentence was warranted based on Cortez s prior * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50722 Document: 00511084794 Page: 2 No. 09-50722 Date Filed: 04/19/2010 criminal history, characteristics, the need to protect the public, and to deter future criminal behavior. Cortez has not shown that the district court s determination was an abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Smith, 440 F.3d 704, 709-10 (5th Cir. 2006). Accordingly, the judgment of the district court is AFFIRMED. 2

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