United States v. Alvaro Tovar ( 2020 )

Case: 19-20704 Document: 00515584659 Page: 1 Date Filed: 09/30/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 30, 2020
No. 19-20704 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Alvaro Robledo Tovar,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CR-492-1
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Alvaro Robledo Tovar appeals the sentence imposed pursuant to his
guilty-plea conviction of conspiracy to possess with intent to distribute a
controlled substance, possession with intent to distribute 500 grams or more
of cocaine, and possession with intent to distribute five kilograms or more of
*
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opinion should not be published and is not precedent except under the limited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.
Case: 19-20704 Document: 00515584659 Page: 2 Date Filed: 09/30/2020
No. 19-20704
cocaine. He argues that his within-Guidelines sentence is substantively
unreasonable, contending that the district court gave too much weight to the
large quantity of cocaine for which he was held responsible when balanced
against his low criminal history score and his self-described “average” role
in the offense.
We review the substantive reasonableness of a sentence for an abuse
of discretion. Gall v. United States, 552 U.S. 38, 51 (2007). “A discretionary
sentence imposed within a properly calculated guidelines range is
presumptively reasonable.” United States v. Campos-Maldonado, 531 F.3d
337, 338 (5th Cir. 2008); see Rita v. United States, 551 U.S. 338, 347 (2007).
The district court considered Tovar’s arguments that he had no prior
criminal history, that he was pressured by a cartel into trafficking cocaine,
and that he was merely an average participant in the operation. Taking into
account the 18 U.S.C. § 3553(a) factors, the district court found that Tovar’s
supervisory role and the quantity of cocaine for which he was responsible
warranted a within-guidelines sentence, albeit at the low end of the advisory
range on account of the pressure he received from the cartel. On this record,
Tovar has not shown that his sentence is the result of a clear error of
judgment in balancing the § 3553(a) factors. See United States v. Smith, 440
F.3d 704, 708 (5th Cir. 2006). His appellate argument is tantamount to a
request that this court re-weigh the § 3553(a) factors, which we will not do.
See Gall, 552 U.S. at 51. Tovar’s mere disagreement with the propriety of
the sentence imposed is insufficient to rebut the presumption of
reasonableness that attaches to a within-Guidelines sentence. See United
States v. v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010).
AFFIRMED.
2