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

No. 14

- 50543 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JULIAN NEVAREZ

- BLANCO , Defendant

- Appellant
Appeal from the United States District Court for the Western District of Texas USDC No. 2:13

- CR

- 1055

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

- Appellant Julian Nevarez

- Blanco appeals the 64

- month within

- guidelines sentence imposed following his guilty plea conviction for illegal reentry after deportation , in violation of 8 U.S.C. § 1326. Nevarez

Blanco challenges the reasonableness of his sentence, claim ing that it is greater than necessary to achieve the sentencing goals of 18 U.S.C. § 3553(a)

. In support of his claim , he argues that , given the nature of his offense, the

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 March 5, 2015 Lyle W. Cayce Clerk Case: 14-50543 Document: 00512958565 Page: 1 Date Filed: 03/05/2015No. 14

- 50543

sentence overstates its seriousness , fails to provide just punishment for i t , and undermines respect for the law . He adds that the illegal reentry Guideline, U.S.S.G. § 2L1.2, is not empirically based and results in the double counting of prior criminal c onvictions; that his sentence is greater than necessary to provide adequate deter rence; and that his sentence fails adequately to account for his pers onal history and characteristics , specifically, his l ack of education, his motive f or returning to the Uni ted States to work , and his cooperation with authorities

. Nevarez

- Blanco did not object to the substantive reasonableness of his sentence in the district cou rt, so plain error review applies. See United States v. Peltier , 505 F.3d 389, 391

- 92 (5th Cir. 2 007). Although Nevarez

- Blanco acknowledges th is, he seeks to preserve the issue for f urther review. Nevarez

- Blanco’s within

- guidelines sentence is entitled to a presumption of reasonableness. United States v. Alonzo , 435 F.3d 551, 554 (5th Cir. 2006). As he correctly concedes, we have rejected the argument that
a presumption of reasonableness should not apply to his sentence because § 2L1.2 lacks empirical support

. See United States v. Duarte , 569 F.3d 528, 529

- 31 (5th Cir. 2009); United States v. Mond ragon - Santiago , 564 F.3d 357, 366

- 67 (5th Cir. 2009). We have also rejected the contention that illegal reentry is merely an international trespass offense that is treated too harshly under § 2L1.2, see United States v. Aguirre

- Villa , 460 F.3d 681, 683 (5 th Cir. 2006), and that a sentence imposed pursuant to § 2L1.2 is greater than necessary to meet § 3553(a)’s goals as a result of any double counting inherent in that Guideline, see Duarte , 569 F.3d at 529

- 31. In sentencing Nevarez

- Blanco , the district court noted his two prior federal convictions and h is repeated illegal reentries. Nevarez

- Blanco ’s contentions regarding his mitigating factors and benign motive do not rebut

2 Case: 14-50543 Document: 00512958565 Page: 2 Date Filed: 03/05/2015No. 14

- 50543 the presumption of reasonableness and fail to show that the court plainl y erred. See United States v. Cooks , 589 F.3d 173, 186 (5th Cir. 2009) ; see also United States v. Gomez

- Herrera , 523 F.3d 554, 565

- 66 (5th Cir. 2008)

. The judgment of the district court is AFFIRMED.

3 Case: 14-50543 Document: 00512958565 Page: 3 Date Filed: 03/05/2015