United States v. Francisco Gallegos-Medrano
699 F. App'x 380
| 5th Cir. | 2017Background
- Defendant Francisco Gallegos-Medrano pleaded guilty to illegal reentry after deportation (8 U.S.C. § 1326) and received a 60‑month sentence, above the Guidelines range of 21–27 months.
- He challenged only the substantive reasonableness of the upward variance to 60 months on appeal.
- District court explained the variance with specific § 3553(a) considerations, emphasizing Gallegos’ extensive criminal history: three prior federal illegal-reentry convictions, five DWI convictions, four prior removals, and about 40 months previously served for reentry-related offenses.
- The court stated the variance was intended to promote respect for the law, provide just punishment, and ensure adequate deterrence.
- On review, the appeals court applied the deferential abuse-of-discretion standard for substantive reasonableness, noting no significant procedural error in Guidelines calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 60‑month upward variance was substantively unreasonable | Gallegos: 33‑month upward variance was greater than necessary under § 3553(a) and reflected a misbalancing of factors | Government/District Court: Variance justified by substantial criminal history and need for deterrence, respect for law, and just punishment | Affirmed — appellate court found no abuse of discretion; variance supported by § 3553(a) factors |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing substantive reasonableness post-Booker)
- United States v. Delgado-Martinez, 564 F.3d 750 (5th Cir.) (abuse-of-discretion review for preserved sentencing objections)
- United States v. Cisneros-Gutierrez, 517 F.3d 751 (5th Cir.) (de novo review of Guidelines application; clear-error review of facts)
- United States v. Smith, 440 F.3d 704 (5th Cir.) (court must not ignore a significant factor or make a clear error in balancing)
- United States v. Broussard, 669 F.3d 537 (5th Cir.) (deference to district court’s § 3553(a) judgment)
- United States v. Brantley, 537 F.3d 347 (5th Cir.) (affirming a substantial upward variance)