United States v. Luis Mariles-Santos

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-2979
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Luis Mariles-Santos, *
* [UNPUBLISHED]
Appellant. *
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Submitted: May 26, 2008
Filed: June 9, 2008
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Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Luis Mariles-Santos challenges the reasonableness of his 19-month within-
Guidelines-range prison sentence, which the district court1 imposed after Mariles-
Santos pleaded guilty to illegally entering the United States after deportation
following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b)(1).
We conclude that Mariles-Santos’s sentence is not unreasonable and therefore
was not abuse of the district court’s discretion. See United States v. Haack, 403 F.3d
1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
997, 1003 (8th Cir. 2005) (abuse-of-discretion review standard). The court
specifically acknowledged the advisory nature of the Guidelines and referenced
several of the 18 U.S.C. § 3553(a) sentencing factors, and nothing in the record
indicates that the court overlooked a relevant factor, gave significant weight to an
improper factor, or made a clear error of judgment in weighing appropriate factors.
See Rita v. United States, 127 S. Ct. 2456, 2462-68 (2007) (allowing appellate
presumption of reasonableness for within-Guidelines-range sentence); United States
v. Clay, 524 F.3d 877, 878 (8th Cir. 2008) (applying presumption); Haack, 403 F.3d
at 1004 (listing circumstances that may warrant finding of abuse of discretion).
Accordingly, we affirm.
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