United States v. Jesus Martinez-Alvarez ( 2012 )

Case: 11-51117 Document: 00512057325 Page: 1 Date Filed: 11/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 19, 2012
No. 11-51117
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS MARTINEZ-ALVAREZ, also known as Jesus Allvarez, also known as
Jesus Martinez, Jr.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CR-1612-1
Before WIENER, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:*
Jesus Martinez-Alvarez appeals the 77-month sentence imposed in
connection with his guilty plea conviction for illegal reentry. He makes no
argument regarding his concurrent 36-month sentence for falsely claiming to be
a United States citizen.
Arguing that his sentence is unreasonable because it is greater than
necessary to meet the sentencing goals of 18 U.S.C. § 3553(a), Martinez-Alvarez
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51117 Document: 00512057325 Page: 2 Date Filed: 11/19/2012
No. 11-51117
contends that the guidelines range did not adequately reflect his cultural
assimilation; his familial reason for reentering the country; the poor quality of
life he will live in Mexico; his ineligibility, as an alien, for certain prison
programs; and his inability to participate in a fast track program.
Martinez-Alvarez’s sentence is within the properly calculated guidelines
range and is presumptively reasonable. See United States v. Alonzo, 435 F.3d
551, 554 (5th Cir. 2006); see also United States v. Duarte, 569 F.3d 528, 529-31
(5th Cir. 2009) (rejecting the notion that this court should examine the empirical
basis behind each Guideline before applying the presumption of reasonableness).
As Martinez-Alvarez concedes, his argument that the presumption should not
apply is foreclosed. See Duarte, 659 F.3d at 529-31. Martinez-Alvarez has not
rebutted the presumption that his within-guidelines sentence is reasonable. See
United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008). The
district court did not abuse its discretion in sentencing Martinez-Alvarez.
AFFIRMED.
2