### REVI SED SEPTEMBER 30, 2013

I N THE UNI TED STATES COURT OF APPEALS

FOR THE FI F TH CI RCUI T

No. 12-51239 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. RAUL BARAJAS-RAMIREZ, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:11-CR-2322-1

Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Raul Barajas-Ramirez (Barajas) pleaded guilty to one count of illegal reentry following removal. After hearing arguments from Barajas for a s entence at the low end of the guidelines range, t he district court imposed a sentence of 96 m onths in prison, at the t op of the range. Barajas m ade no objection. He now challenges his sentence as unreasonable. U n i te d S t a t e s C o u rto f A p p ea l s F i f t h C i r c u i t 

### F I L E D Septem ber 30, 2013 Ly le W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

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We ordinarily revi e w sentences for reasonableness under an abuse of discretion standard. Gall v. United States , 552 U.S. 38, 52 (2007). However, as Barajas concedes, the failure to object to the reasonableness of the s entence imposed results in plain error review. See United States v. Peltier , 505 F.3d 389, 391-92 (5th Ci r . 2 0 07). Nevertheless, even under the o rdinary standard, Barajas is not entitled to relief. When, as h e r e , a d istrict court imposes a sentence within a p roperly calculated guidelines r ange, the sentence is entitled to a rebuttable presumption of reasonableness. See United States v. Cooks , 5 89 F .3d 173, 186 (5th Cir. 2009). Barajas asserts that his sentence is unreasonable beca u s e t he illegal reentry Guideline (U.S.S.G. § 2L1.2) lacks an empirical basis, gives too much weight to p ri o r convictions in determining the offense l e vel, a n d r e s u l t s i n d o ub l e - c o u n t i n g . We have rejected similar challenges. United S tates v. Duarte , 5 6 9 F

. 3d 528, 529-31 (5th Cir. 2 009). In a similar vein, Barajas argues that § 2L1.2 lacks an empirical basis such that the presumption of reasonableness should not apply. As he properly concedes, this argumen t i s foreclosed. See id. ; see also United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir. 2 0 0 9 ) (holding

same in p l ain error context). Barajas argues that his sentence overstates the seriousness of his unlawful entry offense because, he contends, it is a non-violent “international trespass.” We have rejected such arguments. See United States v. Juarez-Duarte , 513 F.3d 204, 212 (5th Cir. 2008). Next, Barajas asserts t hat the guidelines range d i d n o t a ccount for his personal circumstances, namely, that he was brought to the United States at 15; t h a t h e attended high school in S eattle and worked t here a s a cook for year s ; that at one time, h e o btained p ermanent legal resident s tatus; t h a t his s ubstance abuse issues resulted in his removal from the United States; and that he returned t o the U nited States to be with his family. T he district court considered Barajas’s argument s b u t concluded that, given Barajas’s lengthy criminal history, a sentenc e at the top of the range was required to s atisfy the
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sente n cing goals under 1 8 U.S.C. § 3553(a) of providing just p u nishment, promoting respect f

or the law, deterri n g f

u t u r e crimes, a nd protecting the public. Baraj as’s mere disagreement with the weight the court gave the various § 3553(a) factors is not enough to rebut the presumption o f reasonableness. See United States v. Ruiz , 621 F.3d 390, 398 (5th Cir. 2010). AFFIRMED.

3 Case: 12-51239 Document: 00512391477 Page: 3 Date Filed: 09/30/2013