Case: 09-50722 Document: 00511084794 Page: 1 Date Filed: 04/19/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 19, 2010
No. 09-50722
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FRANCISCO CORTEZ-GOMEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:08-CR-1192-1
Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Francisco Cortez-Gomez (Cortez) appeals the nonguidelines sentence
imposed following his guilty plea conviction for illegal reentry after deportation.
He argues that the 21-month sentence imposed is unreasonable under 18 U.S.C.
§ 3553(a) because the sentence is greater than necessary to address the
sentencing factors set forth therein.
The district court determined that the advisory guidelines range was not
adequate and that a greater sentence was warranted based on Cortez’s prior
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50722 Document: 00511084794 Page: 2 Date Filed: 04/19/2010
No. 09-50722
criminal history, characteristics, the need to protect the public, and to deter
future criminal behavior. Cortez has not shown that the district court’s
determination was an abuse of discretion. See Gall v. United States, 552 U.S. 38,
51 (2007); United States v. Smith, 440 F.3d 704, 709-10 (5th Cir. 2006).
Accordingly, the judgment of the district court is AFFIRMED.
2