United States v. Juan Martinez-Munoz , 701 F. App'x 336 ( 2017 )


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  •      Case: 17-20001      Document: 00514080594         Page: 1    Date Filed: 07/19/2017
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 17-20001                                  FILED
    Summary Calendar                            July 19, 2017
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    JUAN MARTINEZ-MUNOZ, also known as Juan Menoz Martinez, also known
    as Juan Munoz Martinez, also known as Juan Martinez, also known as Jesus
    Hernandez, also known as Jose Ferre, also known as Juan Martinez Munoz,
    also known as Juan M. Martinez, also known as Jorge Ramirez-Lopez,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:16-CR-397-1
    Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
    PER CURIAM: *
    Juan Martinez-Munoz appeals his 52-month, above-guidelines sentence
    of imprisonment following his guilty plea to illegal reentry into the United
    States following deportation.         Martinez-Munoz argues that the 52-month
    sentence is substantively unreasonable because it is greater than necessary to
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20001     Document: 00514080594      Page: 2   Date Filed: 07/19/2017
    No. 17-20001
    achieve the sentencing goals of 18 U.S.C. § 3553(a). Specifically, Martinez-
    Munoz contends that the district court “gave undue, significant weight to his
    ‘long history’ of abusing alcohol and cocaine.”
    We review the district court’s non-guidelines sentence for abuse of
    discretion under the totality of the circumstances. See Gall v. United States,
    
    522 U.S. 38
    , 51 (2007); United States v. Brantley, 
    537 F.3d 347
    , 349 (5th Cir.
    2008).   The record reflects that the district court properly considered the
    § 3553(a) factors.    The district court noted Martinez-Munoz’s 10 criminal
    convictions, which included forgery; three driving while intoxicated (DWI)
    convictions; two convictions for failure to stop and give information; failure to
    identify oneself to a peace officer; assault on a family member; possession of a
    controlled substance; and an illegal reentry. The district court further noted
    that Martinez-Munoz had been arrested and deported on three prior occasions
    without charges being filed. In connection with noting that the enhancing
    felony in the instant case was a DWI third offense, the district court
    commented on Martinez-Munoz’s “long history of abusing alcohol . . . and
    cocaine.”   The district court concluded that Martinez-Munoz has “not
    acclimated to the norms of law-abiding community members” and “has
    demonstrated time and time again he will not abide by the laws of the United
    States.” Under the totality of the circumstances, the 52-month sentence is
    reasonable. See 
    Brantley, 537 F.3d at 349
    . Further, we have upheld much
    greater upward variances. See 
    id. at 349-50;
    United States v. Lopez-Velasquez,
    
    526 F.3d 804
    , 807 (5th Cir. 2008); United States v. Smith, 
    417 F.3d 483
    , 492-
    93 (5th Cir. 2005).
    AFFIRMED.
    2
    

Document Info

Docket Number: 17-20001

Citation Numbers: 701 F. App'x 336

Filed Date: 7/19/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023