Case: 13-10530 Document: 00512608563 Page: 1 Date Filed: 04/25/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-10530 April 25, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSUE MARTINEZ-GARCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:12-CR-260
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM: *
Josue Martinez-Garcia pleaded guilty to illegal reentry after
deportation, in violation of 8 U.S.C. § 1326(a), (b)(1)(2). He appeals the within-
guidelines sentence of 57 months and three years of supervised release,
arguing that the sentence is substantively unreasonable.
Martinez-Garcia’s sentence is presumed to be reasonable. See United
States v. Mondragon-Santiago, 564 F.3d 357, 360 (5th Cir. 2009). His
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10530 Document: 00512608563 Page: 2 Date Filed: 04/25/2014
No. 13-10530
argument that the court failed to account for his personal history and
characteristics, the nature and circumstances of his illegal reentry offense, and
the circumstance of a prior conviction that resulted in an enhancement of his
sentencing range, is essentially a request that this court reweigh the 18 U.S.C.
§ 3553(a) factors, which would contravene the deference that this court affords
the sentencing court’s decision. See 18 U.S.C. § 3553(a); Gall v. United States,
552 U.S. 38, 51 (2007). Martinez-Garcia’s arguments do not establish that his
sentence fails to take into account a factor that should receive significant
weight, gives significant weight to an irrelevant or improper factor, or
represents a clear error of judgment in balancing the sentencing factors. See
United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009). He therefore has not
rebutted the presumption of reasonableness that applies to his within-
guidelines sentence. See id.
For the foregoing reasons, the judgment of the district court is
AFFIRMED.
2