Case Information
*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: [*]
Jose Guerrero-Rodriguez appeals the above-guidelines sentence imposed *2 Case: 16-10982 Document: 00514075419 Page: 2 Date Filed: 07/17/2017
No. 16-10982
for illegal reentry after deportation. He challenges the substantive reasonable- ness of the sentence, which we review for an abuse of discretion. Gall v. United States , 552 U.S. 38, 51 (2007). “A non-Guidelines sentence unreasonably fails to reflect the statutory sentencing factors set forth in [18 U.S.C.] § 3553(a) where it (1) does not account for a factor that should have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of judgment in balancing the sentencing factors.” United States v. Diehl , 775 F.3d 714, 724 (5th Cir. 2015). “[R]eview for substan- tive reasonableness is highly deferential.” Id. (internal quotation marks and citations omitted).
The court based the sentence on permissible statutory factors. In essence, Guerrero-Rodriguez is requesting that this court reweigh the § 3553(a) factors, which is not within the scope of our review. See Gall , 552 U.S. at 51. There is no indication that the district court gave improper weight to Guerrero-Rodriguez’s extensive history of immigration violations or any mitigating factors. See United States v. Lopez-Velasquez , 526 F.3d 804, 807 (5th Cir. 2008). Likewise, the degree of the upward variance does not render the sentence substantively unreasonable. See United States v. Key , 599 F.3d 469, 475-76 (5th Cir. 2010); United States v. Brantley , 537 F.3d 347, 348–50 (5th Cir. 2008).
AFFIRMED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.