United States v. Castaneda Castillo

Case: 10-40076 Document: 00511394086 Page: 1 Date Filed: 02/25/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 25, 2011
No. 10-40076
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE CASTANEDA CASTILLO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-300-1
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose Castaneda Castillo appeals the 51-month sentence imposed in
connection with his guilty plea conviction for illegal reentry. He argues that his
sentence is unreasonable because it is greater than necessary to meet the
sentencing goals of 18 U.S.C. § 3553(a). Specifically, Castaneda Castillo
contends that the 16-level enhancement for his prior alien smuggling offense
resulted in an excessive sentence in his case.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40076 Document: 00511394086 Page: 2 Date Filed: 02/25/2011
No. 10-40076
Castaneda Castillo’s sentence is at the low end of the properly calculated
guideline range and is presumptively reasonable. See United States v. Alonzo,
435 F.3d 551, 554 (5th Cir. 2006). The district court considered Castaneda
Castillo’s arguments and gave specific reasons for rejecting them, tied to proper
18 U.S.C. § 3553(a) factors, and Castaneda Castillo has not rebutted the
presumption that the sentence was reasonable. See United States v. Coos, 589
F.3d 173, 186 (5th Cir. 2009), cert. denied, 130 S. Ct. 1930 (2010). Castaneda
Castillo has not demonstrated that the district court’s imposition of a 51-month
sentence was an abuse of discretion. See United States v. Campos-Maldonado,
531 F.3d 337, 339 (5th Cir. 2008).
The judgment of the district court is AFFIRMED.
2