United States v. David Coronado
514 F. App'x 422
| 5th Cir. | 2013Background
- Lopez pleads guilty to illegal reentry after deportation and is sentenced to 40 months.
- District court upwardly departed two levels from the guideline range of 27-33 months.
- Basis for departure: understatement of Lopez's prior serious criminal history under § 4A1.3 and underrepresentation of seriousness of his prior drug conviction under § 2L1.2, comment (n.7).
- Court relies on Lopez’s history of drug conviction, arson, and multiple prior illegal reentries to justify departure.
- Appellate review is for reasonableness under 18 U.S.C. § 3553(a), evaluating both the departure decision and its extent.
- Lopez challenges the sentence as unconstitutional cruel and unusual punishment and disproportionate to similar cases; these challenges fail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of upward departure | Lopez argues the two-level upward departure is substantively unreasonable. | Lopez contends the departure misstates his criminal history and seriousness. | Reasonableness upheld; departure justified by case facts and statutory factors. |
| Adequacy of the departure extent | Lopez asserts the extent of departure overstates his culpability. | District court properly calibrated the extent based on history and conduct. | Extent not abused; justified under Zuniga-Peralta framework. |
| Eighth Amendment challenge | Sentence is grossly disproportionate and cruel and unusual punishment. | No basis to claim gross disproportionality or Eighth Amendment violation. | No plain error; challenge rejected. |
Key Cases Cited
- United States v. Mares, 402 F.3d 511 (5th Cir. 2005) (reasonableness review of sentences following departures)
- United States v. Zuniga-Peralta, 442 F.3d 345 (5th Cir. 2006) (abuse-of-discretion standard for departure and extent)
- United States v. Willingham, 497 F.3d 541 (5th Cir. 2007) (comparative sentencing considerations)
- United States v. Smith, 417 F.3d 483 (5th Cir. 2005) (limits on departure discretion)
- United States v. Jones, 444 F.3d 430 (5th Cir. 2006) (departure extent review)
- United States v. Ferguson, 211 F.3d 878 (5th Cir. 2000) (plain error standard for certain constitutional challenges)