### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 60347 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
EFRAIN GARCIA

- MONTERROSO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:18

- CR

- 22

- 1

Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM: * Defendant

- Appellant Efrain Garcia

- Monterroso appeals the sentence imposed following his conviction for illegal reentry into the United States after
a prev ious removal . The advisory guidelines range f or imprisonment was zero to six months and the statutory maximum term was tw o years. The district court granted the Government’s motion for an upward variance and sentenced Garcia

- Monterroso to 13 months of imprisonment.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 2, 2019

Lyle W. Cayc e Clerk Case: 18-60347 Document: 00514779313 Page: 1 Date Filed: 01/02/2019No. 18

- 60347

2 Generally, we review a criminal sentence for reasonableness. Gall v. United States , 552 U.S. 38, 46 (2007). We first determine whether the district
court c ommitted any procedural errors, and i f the district court’s decision is procedurally sound, we will “consider the substantive reasonableness of the sentence imposed under an abuse

- of

- discretion standard

. . . tak[ing] into account the totality of the circumstances.” Id. at 51. Garcia

- Monterroso argues that the upward variance was procedurally unreasonable because the district court did not adequately explain the extent of and justification for the variance. However, the district court repeatedly cited its consideration of the 18 U.S.C. § 3553(a) factors, including the nature and circumstances of the offense, the need to promote respect for the law, and deterrence. T he district court also cited those factors in reference to the particular facts of Garcia

- Monterroso’s case, notably his repeated removals and reentries into the United States and the fact that he had previously received warnings about returning to the United States. The distri ct court carefully articulated its reasons for imposing an upward variance, so it did not impose a procedurally unreasonable sentence. See Gall , 552 U.S. at 46 , 51 ; United States v. Mares , 402 F.3d 511, 519 (5th Cir. 2005)

. Garcia

- Monterroso also contend s that the 13

- month sentence is substantively unreasonable because it is significantly above the top of the guidelines range. He emphasizes his lack of criminal history and absence of violent or antisocial behavior , and he claims that the district court p laced too much weigh t on his previous removals. Nothing in the record suggests that the district court did not account for a factor that should have received significant weight, gave significant weight to an improper or irrelevant factor, or made a clear e rror of judgment in balancing the sentencing factors. See Gall , 552 U.S. at 46, 49

- 50; United States Case: 18-60347 Document: 00514779313 Page: 2 Date Filed: 01/02/2019No. 18

- 60347

3 v. Smith , 440 F.3d 704, 708 (5th Cir. 2006). The district court considered the mitigating arguments raised by Garcia

- Monterroso , but it concluded that a variance was justified based on his decision to ignore the previous warnings about returning to the United States, the need to deter him from future criminal conduct, and to promote respect for the law. We will not have this court reweigh those factors

. See Gall , 552 U.S. at 51. W e have affirmed similar upward variances as substantively reasonable when the sentence d id not exceed the statutory maximum sentence. See , e.g. , United States v. Key , 599 F.3d 469, 475

- 76 (5th Cir. 2010) ; United States v. Smith , 417 F.3d 483, 49 1

- 9 2 (5th Cir. 2005). Given the deference we owe to a district court’s consideration of the § 3553(a) factors and the district court’s clear reasons for its sentencing decision, Garcia

- Monterroso has not demonstrated that the senten ce is substantively unreasonable. See Gall , 552 U.S. at 51; Key , 599 F.3d at 475. AFFIRMED

. Case: 18-60347 Document: 00514779313 Page: 3 Date Filed: 01/02/2019