Case: 11-20277 Document: 00511707121 Page: 1 Date Filed: 12/27/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 27, 2011
No. 11-20277
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OSCAR MEJIA DIAZ, also known as Oscar Diaz Mejia, also known as Oscar
Diaz-Mejia, also known as Oscar Mejia-Diaz, also known as Oscar Mejia, also
known as Pedro Gutierrez, also known as Leonides Mejia, also known as
Leonides Diaz Mejia, also known as Marcos Torres Mejia, also known as
Leonides Metia,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-834-1
Before DAVIS, WIENER, and HAYNES, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Oscar Mejia Diaz pleaded guilty to one count of
illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2) and was sentenced to
a 29-month term of imprisonment, near the top of the applicable sentencing
guidelines range of 24 to 30 months. He argues on appeal that his sentence is
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20277 Document: 00511707121 Page: 2 Date Filed: 12/27/2011
No. 11-20277
greater than necessary to satisfy the sentencing goals of 18 U.S.C. § 3553(a) and
that the sentencing court failed to consider his estranged wife’s poor health and
the needs of their children. He properly acknowledges that his argument that
the illegal reentry guideline is “penologically flawed” and lacks an empirical
basis is foreclosed by circuit precedent. See United States v.
Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir. 2009).
When, as here, the district court has imposed a sentence within a properly
calculated guidelines range, the sentence is entitled to a presumption of
reasonableness. Rita v. United States, 551 U.S. 338, 351 (2007). Review is for
abuse of discretion. Gall v. United States, 552 U.S. 38, 51-52 (2007). Mejia Diaz
has not shown that the sentencing court considered any irrelevant or improper
factors or that the court made a “clear error of judgment” in weighing the
§ 3553(a) factors. United States v. Cooks, 589 F.3d 173, 186 (5th Cir. 2009).
Accordingly, he has failed to demonstrate that his sentence is unreasonable. See
Rita, 551 U.S. at 347, 351.
AFFIRMED.
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