United States v. Lopez-Mejia

Case: 20-10930 Document: 00515861095 Page: 1 Date Filed: 05/13/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 13, 2021
No. 20-10930 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesus Lopez-Mejia,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-592-1
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Jesus Lopez-Mejia challenges his 75-month sentence of imprisonment
imposed following his guilty plea conviction for illegal reentry after removal
from the United States.
*
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opinion should not be published and is not precedent except under the limited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: 20-10930 Document: 00515861095 Page: 2 Date Filed: 05/13/2021
No. 20-10930
Because Lopez-Mejia “advocate[d] for a sentence shorter than the
one ultimately imposed,” he preserved his challenge to the substantive
reasonableness of the sentence. Holguin-Hernandez v. United States, 140 S.
Ct. 762, 766-67 (2020). Accordingly, we review for abuse of discretion.
United States v. Johnson, 619 F.3d 469, 472 (5th Cir. 2010).
The record does not show that the district court failed to account for
a factor that should have received significant weight, gave significant weight
to an irrelevant or improper factor, or committed a clear error of judgment in
balancing the 18 U.S.C. § 3553(a) factors. See United States v. Smith, 440
F.3d 704, 708 (5th Cir. 2006). Rather, the court considered the parties’
arguments, Lopez-Mejia’s allocution, and his criminal history. Lopez-
Mejia’s arguments amount to no more than a request for this court to reweigh
the § 3553(a) factors, which this court will not do as the district court is “in
a superior position to find facts and judge their import under § 3553(a) with
respect to a particular defendant.” United States v. Campos-Maldonado, 531
F.3d 337, 339 (5th Cir. 2008) (per curiam). Under the totality of the
circumstances, the sentence is reasonable. See United States v. Gerezano-
Rosales, 692 F.3d 393, 400 (5th Cir. 2012). Accordingly, the judgment of the
district court is AFFIRMED.
2