United States v. Lester Calderon-Valdez

Case: 13-50239 Document: 00512493456 Page: 1 Date Filed: 01/08/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 13-50239
Summary Calendar
United States Court of Appeals
Fifth Circuit

FILED
January 8, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

LESTER ABIMAEL CALDERON-VALDEZ,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:12-CR-761-1

Before DAVIS, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: *
Lester Abimael Calderon-Valdez (Calderon) appeals his 80-month
sentence imposed following his guilty plea conviction for illegal reentry after
deportation, in violation of 8 U.S.C. § 1326. He argues that the presumption
of reasonableness does not apply to his within-guidelines sentence because the
illegal reentry guideline, U.S.S.G. § 2L1.2, is not supported by empirical data.

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50239 Document: 00512493456 Page: 2 Date Filed: 01/08/2014

No. 13-50239

As Calderon concedes, this argument is foreclosed by United States v. Duarte,
564 F.3d 528, 529-31 (5th Cir. 2009).
Calderon also argues that his sentence is greater than necessary to meet
the sentencing goals outlined in 18 U.S.C. § 3553(a). He contends that the
Sentencing Guidelines failed to account for his cultural assimilation and his
motive for reentering the United States. Calderon’s arguments are insufficient
to rebut the presumption of reasonableness. The district court did not abuse
its discretion in imposing the sentence. See United States v. Gomez-Herrera,
523 F.3d 554, 565-66 (5th Cir. 2008); Gall v. United States, 552 U.S. 38, 51
(2007). Accordingly, the judgment of the district court is AFFIRMED.