United States v. Jose Guerra , 583 F. App'x 346 ( 2014 )

Case: 14-40172 Document: 00512810670 Page: 1 Date Filed: 10/22/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40172
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE INEZ GUERRA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-846-1
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
Jose Inez Guerra appeals the 70-month sentence imposed after his guilty
plea conviction for illegal reentry following prior deportation. He argues that
the above-guidelines sentence is substantively unreasonable because it was
greater than necessary to satisfy the sentencing goals of 18 U.S.C. § 3553(a).
Guerra asserts that the district court gave too much weight to his prior crime
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40172 Document: 00512810670 Page: 2 Date Filed: 10/22/2014
No. 14-40172
of violence convictions, which were remote in time, and not enough weight to
his personal circumstances.
Guerra has not shown that his sentence was substantively unreasonable.
The record reflects that the district court had an adequate basis for the
sentence imposed and was guided by the § 3553(a) factors in deciding that an
upward variance was merited. The district court concluded that the guidelines
range did not adequately take into account the § 3553(a) factors, including
Guerra’s history and characteristics, the need to promote respect for the laws
of the United States, the need to provide a just punishment, and the need to
deter future crimes. To the extent that Guerra disagrees with his sentence and
the district court’s evaluation of the § 3553(a) factors, he has not shown that
the district court abused its discretion on that basis. See Gall v. United States,
522 U.S. 38, 51 (2007).
AFFIRMED.
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