Case: 19-11179 Document: 00515662407 Page: 1 Date Filed: 12/04/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
December 4, 2020
No. 19-11179
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Antonio Serrano-Perez,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-77-1
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Antonio Serrano-Perez appeals the sentence imposed following his
guilty plea conviction for illegal reentry. The district court sentenced him
within the guidelines range to 120 months of imprisonment and three years
of supervised release.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-11179 Document: 00515662407 Page: 2 Date Filed: 12/04/2020
No. 19-11179
Because error was preserved, our review of the substantive
reasonableness of a sentence is for an abuse of discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also Holguin-Hernandez v. United States,
140 S. Ct. 762, 766–67 (2020). Our review is highly deferential. See United
States v. Lugo-Lopez, 833 F.3d 453, 461–62 (5th Cir. 2016). We presume that
a within-guidelines sentence is reasonable and that the district court has
considered all of the statutory sentencing factors. See United States
v. Jenkins, 712 F.3d 209, 214 (5th Cir. 2013); see also 18 U.S.C. § 3553(a).
The record reflects that the district court considered Serrano-Perez’s
contentions and rejected them. Ultimately, Serrano-Perez simply disagrees
with the sentence chosen by the district court and so fails to overcome the
presumption that the district court imposed a reasonable sentence. See
United States v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010).
As Serrano-Perez concedes, his argument challenging the imposition
of a sentence longer than two years for a violation of § 1326 is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v.
Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano,
492 F.3d 624, 625–26 (5th Cir. 2007).
The district court’s judgment is AFFIRMED.
2