Opinion
No. 09-50383 Summary Calendar.
January 11, 2010.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.
Philip J. Lynch, Federal Public Defender's Office, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 5:08-CR-897-1.
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
Mario Robledo-Chila pleaded guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a), (b). The district court sentenced him to a term of 51 months, which was within the guidelines imprisonment range of 41 to 51 months. Robledo now appeals, arguing that his sentence, which includes a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(B) because he was previously deported following a crime of violence conviction, is unreasonably long and greater than necessary to satisfy the goals of 18 U.S.C. § 3553(a).
The district court made an individualized sentencing decision based on the facts of the case in light of the factors set out in § 3553(a). See Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 596, 169 L.Ed.2d 445 (2007). The district court's conclusion that a within-guidelines sentence is appropriate is entitled to deference, and we presume that it is reasonable. Id. at 597; United States v. Newson, 515 F.3d 374, 379 (5th Cir.), cert. denied, ___ U.S. ___, 128 S.Ct. 2522, 171 L.Ed.2d 802 (2008). The district court was in a superior position to find facts and assess their import under § 3553(a), Gall, 128 S.Ct. at 597-98, and we see no reason to disturb the district court's discretionary decision to impose a sentence within the guidelines range.
AFFIRMED.