Opinion
23-50590
07-12-2024
United States of America, Plaintiff-Appellee, v. Fidel Reza-Macedo, Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-2307-1
Before JONES, SOUTHWICK, and HO, Circuit Judges.
PER CURIAM [*]
Fidel Reza-Macedo appeals the 46-month term of imprisonment imposed following his guilty plea conviction to illegal reentry into the United States. We review the substantive reasonableness of the sentence for abuse of discretion. See United States v. Hernandez, 876 F.3d 161, 166 (5th Cir. 2017). Because Reza-Macedo's sentence was within a properly calculated guidelines range, it is presumptively reasonable. See id.
On appeal, Reza-Macedo argues that illegal reentry is little more than an international trespass, that U.S.S.G. § 2L1.2 double counted his criminal record, and that his advisory imprisonment range under the Guidelines therefore overstated his dangerousness and the seriousness of his offense. We have rejected similar claims previously. See United States v. Cordova-Lopez, 34 F.4th 442, 444-46 (5th Cir. 2022); United States v. Juarez-Duarte, 513 F.3d 204, 212 (5th Cir. 2008). Because Reza-Macedo has not rebutted the presumption of reasonableness that attached to his within-guidelines sentence, he has failed to demonstrate that his sentence is substantively unreasonable. See Hernandez, 876 F.3d at 167.
Accordingly, the district court's judgment is AFFIRMED.
[*] This opinion is not designated for publication. See 5TH CIR. R. 47.5.