IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 20, 2009
No. 08-51143
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MARTIN MERAZ-HERRERA, also known as Julio Benavides-Edujives
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:08-CR-1359-1
Before SMITH, STEWART, and SOUTHWICK, Circuit Judge.
PER CURIAM:*
Martin Meraz-Herrera (Meraz) appeals the sentence imposed following his
illegal reentry conviction. He argues that he was entitled to either a downward
departure pursuant to U.S.S.G. § 5K2.12 or a downward variance from the
guidelines range because he was coerced into illegally reentering the United
States as a result of threats made to his safety by a drug cartel in his native
Mexico.
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-51143
Post-Booker,1 we review sentences for reasonableness in light of the factors
set out in 18 U.S.C. § 3553(a). Gall v. United States, 128 S. Ct. 586, 594 (2007).
We review the substantive reasonableness of a sentence under a deferential
abuse-of-discretion standard. Id. at 597-98. The record discloses that the
district court made an individualized assessment based on the circumstances of
the case and Meraz’s history and characteristics and determined that a within-
guidelines sentence was reasonable because (1) Meraz had a prior serious drug
trafficking conviction, (2) the circumstances that purportedly drove Meraz to
illegally reenter the United States were the consequences of his decision to
engage in drug trafficking, and (3) the illicit drug activity in which Meraz
engaged was more pervasive than his conviction reflected. See § 3553(a)(1). The
district court additionally determined that a within-guidelines sentence would
meet the goals of protecting the public and deterring Meraz from returning to
the United States. See id. § 3553(a)(2)(A), (B), (C). In light of the preceding,
Meraz has not rebutted the presumption of reasonableness afforded his properly
calculated guidelines sentence. See United States v. Newson, 515 F.3d 374, 379
(5th Cir.), cert. denied, 128 S. Ct. 2522 (2008).
AFFIRMED.
1
United States v. Booker, 543 U.S. 220 (2005).
2