Gomez v. USPC, No. 15-60449 (5th Cir. 2016)Annotate this Case
Petitioner, an American citizen and national, was convicted of homicide and injuries in Mexico. Pursuant to the Treaty on Execution of Penal Sentences, petitioner was transferred from Mexico to the United States. At issue is the USPC's contest of the court's jurisdiction and petitioner's assertion that the USPC’s determination of his release date was substantively unreasonable, in light of his claim that it failed to account for the abuse he suffered while imprisoned in Mexico. Because petitioner challenges the substantive reasonableness of his sentence based on the USPC’s refusal to vary downward, the court concluded that it has jurisdiction to review his claim. On the merits, the court concluded that petitioner failed to overcome the presumption of reasonableness for his within-Guidelines sentence of 204 months in prison. Accordingly, the court denied the petition for review.