United States v. Luis Valencia-Cardenas , 588 F. App'x 330 ( 2014 )


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  •      Case: 13-20737      Document: 00512871800         Page: 1    Date Filed: 12/16/2014
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 13-20737
    Summary Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    December 16, 2014
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    LUIS FRANCISCO VALENCIA-CARDENAS, also known as Luis Francisco
    Valencia, also known as Luis Francisco Valencia Cardenas,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:13-CR-181-1
    Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit
    Judges.
    PER CURIAM: *
    Luis Valencia-Cardenas appeals the within-guidelines sentence imposed
    following his guilty plea conviction for illegal reentry after deportation in
    violation of 
    8 U.S.C. § 1326
    .          He argues that his 33-month sentence is
    substantively unreasonable because the district court failed to take account of
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20737    Document: 00512871800    Page: 2   Date Filed: 12/16/2014
    No. 13-20737
    his cultural assimilation and the fact that his criminal history category of VI
    overrepresented his criminal history. In connection with that argument, he
    states the requirements for a downward departure for cultural assimilation
    pursuant to Application Note 8 to U.S.S.G. § 2L1.2.
    To the extent that Valencia-Cardenas contends that the district court
    erred in denying him a downward departure under Application Note 8 to
    U.S.S.G. § 2L1.2 based upon cultural assimilation, we lack jurisdiction to
    review his claim. See United States v. Hernandez, 
    457 F.3d 416
    , 424 (5th Cir.
    2006).   Moreover, Valencia-Cardenas’s arguments regarding his cultural
    assimilation and criminal history are insufficient to rebut the presumption of
    reasonableness given to his within-guidelines sentence. 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). Therefore, Valencia-Cardenas
    has failed to show that his sentence is substantively unreasonable.         His
    sentence is AFFIRMED.
    2
    

Document Info

Docket Number: 13-20737

Citation Numbers: 588 F. App'x 330

Filed Date: 12/16/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023