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United States v. Marvin Morales
694 F. App'x 350
| 5th Cir. | 2017
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Case Information

*1 Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM: [*]

Defendant-Appellant Marvin Kenneth Morales appeals the above- guidelines sentence imposed following his guilty plea for illegal reentry into the United States. He challenges the substantive reasonableness of his sentence. “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 *2 Case: 16-51225 Document: 00514107799 Page: 2 Date Filed: 08/08/2017

No. 16-51225

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 substantive reasonableness is highly deferential.” Id. (internal quotation marks and citations omitted).

We review the substantive reasonableness of the sentence for abuse of discretion. See Gall v. United States , 552 U.S. 38, 51 (2007). The district court based its above-guidelines sentence on permissible statutory sentencing factors. See § 3553(a). Morales asks, explicitly in part, that we 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 his history of past offenses 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 here 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).

The judgment of the district court is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

Case Details

Case Name: United States v. Marvin Morales
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 8, 2017
Citation: 694 F. App'x 350
Docket Number: 16-51225 Summary Calendar
Court Abbreviation: 5th Cir.
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