United States v. Jose Gonzalez-Gonzalez

Case: 09-50761 Document: 00511218366 Page: 1 Date Filed: 08/30/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 30, 2010 No. 09-50761 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE LUIS GONZALEZ-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:08-CR-607-1 Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Jose Luis Gonzalez-Gonzalez appeals from the sentence imposed for his guilty plea conviction for being an alien found in the United States after having been previously removed. Gonzalez argues that the imposed sentence is unreasonable because the district court failed to provide an adequate explanation for the sentence and because it was greater than necessary. Our review of the transcript shows that the district court’s explanation supporting the imposed sentence was adequate. See Rita v. United States, 551 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50761 Document: 00511218366 Page: 2 Date Filed: 08/30/2010 No. 09-50761 U.S. 338, 351 (2007). Moreover, Gonzalez has failed to overcome the presumption of reasonableness afforded to his within-guidelines sentence. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). The district court’s judgment is AFFIRMED. 2