Opinion
No. 09-20818 Summary Calendar.
July 28, 2010.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4-.09-CR-298-1.
Before JOLLY, GARZA, and STEWART, Circuit Judges.
Jorge Dominguez Vasquez appeals the 50-month sentence imposed following his guilty plea conviction for being present when found in the United States after having been previously deported after an aggravated felony conviction. His sole argument on appeal is that the sentence is substantively unreasonable.
The record shows that the district court considered all of the 18 U.S.C. § 3588(a) factors and belies the assertions that the district court did not consider the prior conviction to the exclusion of all of the other facts and circumstances in this ease or gave it too much weight in light of the other § 3553(a) factors. The court's comments show that it was familiar with the contents of the presentence report, that ft had considered Dominguez Vasques's request for a variance in light of his personal circumstances, that it considered the Government's arguments against such a variance, and that it ultimately determined, based on all of these, that a within-guidelines sentence of 50 months was appropriate, i.e., sufficient, but not greater than necessary, to meet the sentencing goals of § 3553(a)(2). Dominguez Vasquez has, not rebutted the presumption of reasonableness that attaches to his within-guidelines sentence. See United States v. Cooks, 689 F.3d 173, 186 (5th Cir. 2009), cert. denied, ___ U.S. ___, 130 S.Ct. 1930, 176 L.Ed.2d 397 (2010).
AFFIRMED.