United States v. Marques-Mejia ( 2021 )

Case: 20-10973 Document: 00515884401 Page: 1 Date Filed: 06/02/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-10973 June 2, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Walter Manuel Marques-Mejia,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-661-1
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Defendant-Appellant Walter Manuel Marques-Mejia was convicted
of one count of illegal reentry into the United States under 8 U.S.C. § 1326(a)
and (b)(1) and sentenced to serve an above-guidelines prison term of 60
months as well as a three-year term of supervised release. He argues that his
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
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No. 20-10973
sentence is procedurally unreasonable because the district court did not
explicitly address his plea for a within-guidelines sentence and did not
adequately explain the choice to give an above-guidelines sentence. He
further argues that the sentence is substantively unreasonable because it was
greater than needed to achieve the sentencing aims of 18 U.S.C. § 3553(a).
Finally, he contends that § 1326(b) is unconstitutional, but acknowledges that
his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S.
224 (1998).
We review sentences for reasonableness in light of the sentencing
factors set forth in § 3553(a). Gall v. United States, 552 U.S. 38, 46, 49-50
(2007). Where an issue has not been preserved, however, we review only for
plain error. United States v. Fuentes, 906 F.3d 322, 325 (5th Cir. 2018). Under
the bifurcated review process of Gall, we first examine whether the district
court committed procedural error. 552 U.S. at 51. When sentencing, a judge
should give enough reasons to show “that [he or she] has considered the
parties’ arguments and has a reasoned basis for exercising [his or her] own
legal decisionmaking authority.” Rita v. United States, 551 U.S. 338, 356
(2007).
If the sentence is procedurally reasonable, we review it for substantive
reasonableness in light of the § 3553(a) factors. Gall, 552 U.S. at 51. In
reviewing a non-guidelines sentence for substantive reasonableness, we
“consider the totality of the circumstances, including the extent of any
variance from the Guidelines range.” United States v. Brantley, 537 F.3d 347,
349 (5th Cir. 2008) (internal quotation marks and citation omitted). A
sentence is substantively unreasonable if it ignores a factor that should have
been given considerable weight, gives considerable weight to an improper
factor, or is the result of “a clear error of judgment in balancing the
sentencing factors.” United States v. Chandler, 732 F.3d 434, 437 (5th Cir.
2013) (internal quotation and citations omitted). Alone, the defendant’s
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No. 20-10973
disagreement with the sentence selected by the district court does not
warrant reversal. United States v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010); see
Gall, 552 U.S. at 51.
Marquez-Mejia did not raise his challenge to procedural
reasonableness in the district court. We review that argument for plain error.
See Fuentes, 906 F.3d at 325.
The record shows that the district court gave due consideration to the
§ 3553(a) factors, including those emphasized by Marques-Mejia, before
imposing sentence. The court did not explicitly reject his arguments in favor
of a within-guidelines sentence, but it was not required to do so. See Rita, 551
U.S. at 359. Additionally, the district court’s reasons show that it properly
grounded its choice of sentence in Marques-Mejia’s criminal history as well
as the need for deterrence and protection of the public. Marques-Mejia has
not shown that his sentence is procedurally unreasonable. See Rita, 551 U.S.
at 359, 356; United States v. Fraga, 704 F.3d 432, 439 (5th Cir. 2011).
He likewise has not shown that his sentence is substantively
unreasonable. The record reveals no error in the district court’s
consideration of sentencing factors. See Chandler, 732 F.3d at 437. Rather,
the record shows that the district court considered the § 3553(a) factors and
concluded that they favor an above-guidelines sentence. Additionally, the
sentence is similar to others this court has affirmed. See Brantley, 537 F.3d at
349-50; United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008);
United States v. Smith, 440 F.3d 704, 708-10 (5th Cir. 2006). Marques-
Mejia’s contentions show no more than a disagreement with the district
court’s weighing of the § 3553(a) factors, which is not enough to show error.
See Ruiz, 621 F.3d 390, 398.
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Finally, Marquez-Mejia’s challenge to 8 U.S.C. § 1326(b), which is
grounded in Apprendi v. New Jersey, 530 U.S. 466 (2000), is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998).
AFFIRMED.
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