USA v. Zetino-Morales, No. 08-50862 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-50862 Conference Calendar June 16, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. EDDY RAUL ZETINO-MORALES, also known as Eddy Raul Cety-Morales Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:07-CR-1048-ALL Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Eddy Raul Zetino-Morales (Zetino) appeals the within-guidelines sentence that he received after he pleaded guilty to being in this country unlawfully after removal in violation of 8 U.S.C. § 1326. He contends that his sentence is not entitled to a presumption of reasonableness because it was calculated pursuant to U.S.S.G. § 2L1.2, which he argues is not supported by empirical evidence. He further contends that his sentence is unreasonable even if a presumption of reasonableness is applicable. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-50862 Zetino s contention that his sentence is not entitled to a presumption of reasonableness because the relevant Guideline is not supported by empirical evidence is without merit. See United States v. Mondragon-Santiago, 564 F.3d 357, 367 (5th Cir. 2009). Zetino s sentence is presumptively reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). Moreover, the district court addressed the factors set out at 18 U.S.C. § 3553(a)--particularly the need to deter Zetino from committing future offenses--when imposing sentence. Zetino has failed to rebut the presumption of reasonableness. AFFIRMED. 2
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