USA v. Victor Diaz-Gomez, No. 17-10347 (5th Cir. 2017)

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Case: 17-10347 Document: 00514253992 Page: 1 Date Filed: 11/29/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10347 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 29, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR MANUEL DIAZ-GOMEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:16-CR-66-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * After Defendant-Appellant Victor Manuel Diaz-Gomez pleaded guilty to illegal reentry after deportation, the district court varied upward from the guidelines range and sentenced him to an 18-month term of imprisonment and a one-year period of supervised release. Diaz-Gomez contends that the sentence was substantively unreasonable and that the district court’s balancing of the sentencing factors involved a clear error of judgment. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10347 Document: 00514253992 Page: 2 Date Filed: 11/29/2017 No. 17-10347 We review sentences for procedural error reasonableness under an abuse of discretion standard. and substantive United States v. Johnson, 619 F.3d 469, 471-72 (5th Cir. 2010); see also United States v. Smith, 440 F.3d 704, 708 (5th Cir. 2006). Having reviewed the arguments presented by Diaz-Gomez and the Government and pertinent portions of the record on appeal, we defer to the district court’s determination of an appropriate sentence in this case. See United States v. Brantley, 537 F.3d 347, 349 (5th Cir. 2008). The judgment is AFFIRMED. 2

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