USA v. Jose Torres-Duenas, No. 11-50287 (5th Cir. 2012)
Annotate this Case
Download PDF
Case: 11-50287 Document: 00511997279 Page: 1 Date Filed: 09/24/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50287 Summary Calendar September 24, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE TORRES-DUENAS, Also Known as Joe Angel Torres, Also Known as Leonardo Duenia-Torres, Also Known as Leonard Torres, Also Known as Joe Torres, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas No. 5:10-CR-814-1 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50287 Document: 00511997279 Page: 2 Date Filed: 09/24/2012 No. 11-50287 Jose Torres-Duenas appeals the sentence imposed after he pleaded guilty to illegal reentry after deportation. The seventy-one-month sentence was within the properly calculated guidelines range and is presumed reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). Torres-Duenas s contention that the presumption of reasonableness should not apply because the applicable guideline is not founded on empirical data is foreclosed. See United States v. Duarte, 569 F.3d 528, 529-31 (5th Cir. 2009). His disagreement with the district court s weighing of the sentencing factors does not rebut the presumption of reasonableness. United States v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010). His contention that a federal court may not order a sentence to run consecutively to a yet-to-be-determined state sentence is foreclosed by Setser v. United States, 132 S. Ct. 1463, 1466-73 (2012). The district court imposed a reasonable sentence. See Gall v. United States, 552 U.S. 38, 46 (2007); Rita v. United States, 551 U.S. 338, 351 (2007). Because there was no error, plain or otherwise, with regard to the sentence, the judgment is AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
