United States v. Francisco Cortez-Gomez

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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