United States v. Javier Rodriguez-Lopez
671 F. App'x 273
| 5th Cir. | 2016Background
- Defendant Javier Rodriguez-Lopez pleaded guilty to illegal reentry and received a 24-month prison sentence.
- After supervised-release violations, the district court imposed a consecutive 21-month revocation sentence, for a total of 45 months.
- Rodriguez-Lopez challenged the substantive reasonableness of the combined sentence under 18 U.S.C. § 3553(a).
- He argued the § 2L1.2 Guideline lacks an empirical basis, double counts prior convictions, fails to account for nonviolent nature of the offense, and that the court ignored his personal history and benign motive for reentry.
- The district court imposed both sentences within the applicable advisory Guidelines ranges.
- The Fifth Circuit reviewed the within-Guidelines sentences under the presumption of reasonableness and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive reasonableness of illegal-reentry sentence | Rodriguez-Lopez: § 2L1.2 is unsupported empirically and double counts criminal history; sentence greater than necessary | Government: within-Guidelines sentence is presumptively reasonable; prior precedent rejects these challenges | Affirmed — within-Guidelines sentence presumptively reasonable; arguments foreclosed by precedent |
| Weight given to nonviolent nature / benign motive | Rodriguez-Lopez: nonviolent offense and benign motive warrant lower sentence | Government: Guidelines and precedent account for offense; motives insufficient to rebut presumption | Affirmed — motive and nonviolent nature do not rebut presumption |
| Consecutive revocation sentence reasonableness | Rodriguez-Lopez: challenge to consecutive 21-month revocation term | Government: revocation term within advisory range and complies with U.S.S.G. § 7B1.3(f) | Affirmed — revocation sentence presumptively reasonable; defendant failed to rebut |
| Double counting via § 2L1.2 | Rodriguez-Lopez: Guideline improperly double counts prior convictions | Government: precedent rejects the double-counting claim | Affirmed — Fifth Circuit precedent rejects this contention |
Key Cases Cited
- United States v. Cooks, 589 F.3d 173 (5th Cir. 2009) (within-Guidelines sentence carries a presumption of reasonableness)
- United States v. Mondragon-Santiago, 564 F.3d 357 (5th Cir. 2009) (rejecting empirical-basis and double-counting challenges to § 2L1.2)
- United States v. Duarte, 569 F.3d 528 (5th Cir. 2009) (rejecting claim that § 2L1.2 double counts prior convictions)
- United States v. Juarez-Duarte, 513 F.3d 204 (5th Cir. 2008) (illegal-reentry Guidelines need not be reduced because the offense is nonviolent)
- United States v. Gomez-Herrera, 523 F.3d 554 (5th Cir. 2008) (defendant's benign motive insufficient to rebut presumption of reasonableness)
- United States v. Lopez-Velasquez, 526 F.3d 804 (5th Cir. 2008) (presumption of reasonableness applies to revocation sentences within the advisory range)