United States v. Luis Mariles-Santos

280 F. App'x 562

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 9, 2008
• Docket: 07-2979
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Luis Mariles-Santos challenges the reasonableness of his 19-month within-Guidelines-range prison sentence, which the district court 1 imposed after Mariles-Santos pleaded guilty to illegally entering the United States after deportation following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b)(1).

We conclude that Mariles-Santos’s sentence is not unreasonable and therefore was not abuse of the district court’s discretion. See United States v. Haack, 403 F.3d 997, 1003 (8th Cir.2005) (abuse-of-discretion review standard). The court specifically acknowledged the advisory nature of the Guidelines and referenced several of the 18 U.S.C. § 3553(a) sentencing factors, and nothing in the record indicates that the court overlooked a relevant factor, gave significant weight to an improper factor, or made a clear error of judgment in weighing appropriate factors. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462-68, 168 L.Ed.2d 203 (2007) (allowing appellate presumption of reasonableness for within-Guidelines-range sentence); United States v. Clay, 524 F.3d 877, 878 (8th Cir.2008) (applying presumption); Ha ack, 403 F.3d at 1004 (listing circumstances that may warrant finding of abuse of discretion).

Accordingly, we affirm.

1 . The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.