USA v. Alejandro Jaquez-Borrego, No. 10-50307 (5th Cir. 2011)
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Case: 10-50307 Document: 00511368082 Page: 1 Date Filed: 02/01/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50307 Summary Calendar February 1, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALEJANDRO JAQUEZ-BORREGO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-3180-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Alejandro Jaquez-Borrego (Jaquez) appeals his 70-month sentence imposed following his guilty plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. He argues that the presumption of reasonableness does not apply to his within-guidelines sentence because the illegal reentry guideline, U.S.S.G. § 2L1.2, is not supported by empirical data. As Jaquez concedes, this argument that is foreclosed by United States v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-50307 Document: 00511368082 Page: 2 Date Filed: 02/01/2011 No. 10-50307 Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009). Jaquez also argues that his sentence is greater than necessary to meet the sentencing goals outlined in 18 U.S.C. § 3553(a). He contends that a sentence at the low end of the guidelines range is sufficient because he is young; he returned to the United States only to see his family; he is culturally more American than Mexican; and the Guidelines effectively double counted his prior conviction for aggravated assault with a deadly weapon by using it to calculate the criminal history score and to increase the base offense level. The district court considered Jaquez s request for leniency, but it ultimately determined that a 70-month sentence was appropriate. Jaquez s arguments regarding his personal history, circumstances, and motive for reentry are insufficient to rebut the presumption of reasonableness. See United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008); United States v. Rodriguez, 523 F.3d 519, 526 (5th Cir. 2008). Moreover, we have previously rejected the argument that the double counting of a conviction as part of a defendant s criminal history score and the 16-level enhancement to his base offense level necessarily renders a sentence unreasonable. See United States v. Duarte, 569 F.3d 528, 529-31 (5th Cir.), cert. denied, 130 S. Ct. 378 (2009). The district court therefore did not abuse its discretion in imposing Jaquez s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). Accordingly, the judgment of the district court is AFFIRMED. 2
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