IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 29, 2009
No. 08-51100
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ENRIQUE GUTIERREZ-GARCIA, also known as Enrique Gutierrez-Hernandez,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:08-CR-1247-ALL
Before DAVIS, GARZA and PRADO, Circuit Judges.
PER CURIAM:*
Gutierrez-Garcia appeals the 48-month sentence imposed following his
guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. He
contends that his sentence is not entitled to a presumption of reasonableness
because it was calculated pursuant to U.S.S.G. § 2L1.2, which he argues is not
supported by empirical evidence. Gutierrez-Garcia further contends that his
sentence was greater than necessary to accomplish the goals of sentencing listed
in 18 U.S.C. § 3553(a)(2).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-51100
Gutierrez-Garcia’s contention that his sentence is not entitled to a
presumption of reasonableness because the relevant guideline is not supported
by empirical evidence is without merit. See United States v. Mondragon-
Santiago, 564 F.3d 357, 363-64 (5th Cir. 2009). His sentence is presumptively
reasonable. See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006).
Moreover, the district court addressed the factors set out at 18 U.S.C. § 3553(a)
when imposing his sentence. Gutierrez-Garcia has failed to rebut the
presumption of reasonableness.
AFFIRMED.
2