USA v. Josue Martinez-Garcia, No. 13-10530 (5th Cir. 2014)
Annotate this Case
Download PDF
Case: 13-10530 Document: 00512608563 Page: 1 Date Filed: 04/25/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 13-10530 Summary Calendar April 25, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSUE MARTINEZ-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-260 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM: * Josue Martinez-Garcia pleaded guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a), (b)(1)(2). He appeals the withinguidelines sentence of 57 months and three years of supervised release, arguing that the sentence is substantively unreasonable. Martinez-Garcia s sentence is presumed to be reasonable. See United States v. Mondragon-Santiago, 564 F.3d 357, 360 (5th Cir. 2009). His 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10530 Document: 00512608563 Page: 2 Date Filed: 04/25/2014 No. 13-10530 argument that the court failed to account for his personal history and characteristics, the nature and circumstances of his illegal reentry offense, and the circumstance of a prior conviction that resulted in an enhancement of his sentencing range, is essentially a request that this court reweigh the 18 U.S.C. § 3553(a) factors, which would contravene the deference that this court affords the sentencing court s decision. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51 (2007). Martinez-Garcia s arguments do not establish that his sentence fails to take into account a factor that should receive significant weight, gives significant weight to an irrelevant or improper factor, or represents a clear error of judgment in balancing the sentencing factors. See United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). He therefore has not rebutted the presumption of reasonableness that applies to his withinguidelines sentence. See id. For the foregoing reasons, the judgment of the district court 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.
