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United States v. Huerta-Tobon
20-10976
| 5th Cir. | Jun 14, 2021
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*1 Case: 20-10976 Document: 00515898172 Page: 1 Date Filed: 06/14/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 14, 2021 No. 20-10976 Lyle W. Cayce Summary Calendar Clerk United States of America,

Plaintiff — Appellee , versus

Juan Huerta-Tobon,

Defendant — Appellant . Appeal from the United States District Court for the Northern District of Texas USDC No. 5:20-CR-31-1 Before Willett, Ho, and Wilson, Circuit Judges .

Per Curiam: *

Juan Huerta-Tobon challenges the substantive reasonableness of his 24-month prison sentence following his guilty-plea conviction for illegal reentry after deportation from the United States. “ We review the substantive *2 Case: 20-10976 Document: 00515898172 Page: 2 Date Filed: 06/14/2021

No. 20-10976 reasonableness of a sentence for abuse of discretion. ” United States v. Nguyen , 854 F.3d 276, 283 (5th Cir. 2017).

The district court gave ample consideration to all of the 18 U.S.C. § 3553(a) factors, as well as the arguments presented by counsel, and ultimately concluded that Huerta- Tobon’s criminal history and prior lenient sentences warranted an upward variance. Huerta-Tobon ’s argument s, which focus on the “staleness” of his previous convictions, amount to no more than a request for us to reweigh the § 3553(a) factors. We will not do so, as “ the sentencing court is in a better position to find facts and judge their import under the § 3553(a) factors with respect to a particular defendant .” United States v. Diehl , 775 F.3d 714, 724 (5th Cir. 2015). Overall, we cannot say that the district court, in its “ extensive consideration and explanation of the appropriate sentence in light of the § 3553(a) sentencing factors, ” failed to account for a factor that should have received significant weight, gave significant weight to an improper factor, or clearly erred in its balancing of the sentencing factors. Id. at 726.

Accordingly, we AFFIRM the district court’s judgment.

2

[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case Details

Case Name: United States v. Huerta-Tobon
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 14, 2021
Docket Number: 20-10976
Court Abbreviation: 5th Cir.
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