Unreported / Non-Citable
Background
Jaime Aguilar-Guerrero was sentenced in the Western District of Texas to 72 months in prison for illegal reentry. The sentence exceeded the applicable advisory guidelines range.
Aguilar-Guerrero appealed, arguing that the above-guidelines sentence was substantively unreasonable. He contended that the district court improperly weighed the relevant sentencing considerations.
The Court’s Holding
The Fifth Circuit affirmed the sentence. It concluded that the record did not show that the district court failed to account for a factor deserving significant weight, gave significant weight to an irrelevant or improper factor, or clearly erred in balancing the sentencing factors.
Accordingly, the panel rejected Aguilar-Guerrero’s substantive-reasonableness challenge and left the 72-month prison term intact.
Key Takeaways
- The Fifth Circuit affirmed Aguilar-Guerrero’s 72-month sentence for illegal reentry.
- An above-guidelines sentence is not substantively unreasonable merely because it exceeds the advisory range.
- The record showed no improper consideration, overlooked significant factor, or clear error in the district court’s balancing of sentencing factors.
Why It Matters
The decision illustrates the deferential review applied to substantive-reasonableness challenges. A defendant contesting an above-guidelines sentence must identify more than disagreement with the district court’s weighing of the sentencing factors.