United States v. Marcos Cedillo-Garcia
670 F. App'x 256
| 5th Cir. | 2016Background
- Defendant Marcos Antonio Cedillo-Garcia convicted of illegal reentry under 8 U.S.C. § 1326 and sentenced to 57 months (within the Sentencing Guidelines range).
- At sentencing, Cedillo-Garcia argued for a lower sentence based on personal history, characteristics, and § 3553(a) factors.
- He contended the illegal-reentry Guidelines lack an empirical basis, double count a prior marijuana conspiracy conviction, and overstate the seriousness of his nonviolent offense.
- Cedillo-Garcia did not object at sentencing to the reasonableness of the sentence; appellate review is therefore for plain error.
- The district court imposed a sentence at the bottom of the Guidelines after considering the § 3553(a) factors and the defendant’s mitigation arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review | Preserve challenge to whether failure to object requires plain-error review | Government: plain-error applies because no objection was made | Court: plain-error review applies; defendant conceded standard but preserved issue |
| Reasonableness of within-Guidelines sentence | Sentence is substantively unreasonable given mitigation and § 3553(a) factors | Within-Guidelines sentence presumed reasonable; district court weighed factors | Court: presumption stands; defendant failed to rebut it |
| Guidelines empirical basis/double counting | Illegal-reentry Guidelines not empirically based and double count prior drug conviction | Guidelines valid; prior conviction properly used in offense level and criminal history | Court: rejected these challenges (existing precedent) |
| Nonviolent nature of offense | Guidelines overstate seriousness because reentry is nonviolent | Guidelines account appropriately for reentry offenses | Court: rejected; Guidelines need not be adjusted for nonviolent status |
Key Cases Cited
- United States v. Peltier, 505 F.3d 389 (5th Cir.) (plain-error review when no contemporaneous objection)
- United States v. Mondragon-Santiago, 564 F.3d 357 (5th Cir.) (presumption of reasonableness for within-Guidelines sentences)
- United States v. Campos-Maldonado, 531 F.3d 337 (5th Cir.) (sentencing judge best positioned to weigh § 3553(a) factors)
- United States v. Ruiz, 621 F.3d 390 (5th Cir.) (defendant must rebut presumption of reasonableness)
- United States v. Duarte, 569 F.3d 528 (5th Cir.) (rejecting empirical-basis and double-counting challenges to illegal-reentry Guidelines)
- United States v. Aguirre-Villa, 460 F.3d 681 (5th Cir.) (rejecting argument that Guidelines unreasonably penalize nonviolent reentry)
- United States v. Cooks, 589 F.3d 173 (5th Cir.) (district court must properly weigh § 3553(a) factors)