# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 15-3072

___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee , v. Armando Lopez-Hernandez, lllllllllllllllllllll Defendant - Appellant
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____________ Appeal from United States District Court

for the District of Minnesota - St. Paul

____________ Submitted: May 31, 2016 Filed: August 9, 2016 [Unpublished]

____________ Before RILEY, Chief Judge, COLLOTON and SHEPHERD, Circuit Judges.

____________ PER CURIAM. Armando Lopez-Hernandez pleaded guilty to illegally reentering the United States after a prior removal, in violation of 8 U.S.C. § 1326(a), (b)(2). The districtcourt 1 sentenced Lopez-Hernandez to 57 months’ imprisonment. On appeal, LopezHernandez challenges the substantive reasonableness of his sentence, and we affirm. On August 15, 2014, Immigration and Customs Enforcement agents found Lopez-Hernandez at a detention center in Minneapolis, where he was in custody after an arrest for domestic assau lt. The agents determined that Lopez-Hernandez was a native and citizen of Mexico and that he had no lawful status in the United States. Lopez-Hernandez ultimately pleaded guilty to the illegal reentry charge pursuant to a plea agreement in which he stipulated that the applicable advisory sentencing range was 57 to 71 months in prison. At sentencing, Lopez-Hernandez asserted that he reentered illegally because his daughter was in a serious accident, argued that his reason for reentering was a mitigating circumstance, and requested a se ntence of 36 months’ imprisonment. The district court was not pers uaded and imposed a term of 57 months, at the bottom of the advisory range. On appeal, Lopez-Hernandez argues that his sentence is greater than necessary because the court did not give sufficient we ight to the reason for his reentry and the nonviolent nature of his offense. He assert s that the district court’s silence on these points shows that the court di d not adequately weigh his concerns. We review the substantive reasonableness of a sentence under a deferential abuse-of-discretion standard, Gall v. United States , 552 U.S. 38, 41 (2007), and we presume that a sentence imposed within the advisory guideline range is reasonable. United States v. Paulino-Duarte , 670 F.3d 842, 844 (8th Cir. 2012); see Rita v. United States , 551 U.S. 338, 347 (2007).

1 The Honorable David S. Doty, United Stat es District Judge for the District of Minnesota. -2-The district court’s selection of a term of 57 months’ imprisonment was not unreasonable. The court heard and consider ed Lopez-Hernandez’s statement that he entered the United States illegally in2014 because of his injured daughter. See United States v. Keating , 579 F.3d 891, 893-94 (8th Cir. 2009) . But while Lopez-Hernandez cited his daughter’s severe injuries from an accident as his reason for reentry, he admitted that he remained in the United States even after his daughter was released from the hospital and her condition improved. Indeed, Lopez-Hernandez acknowledged that he move d from Washington State, where his daughter was hospitalized, to Minnesota and obtained a j ob there after she recovered. Likewise, although Lopez-Hernandez’s crime was nonviolen t, his criminal history showed that he had been previously deported three times and committed the sameoffense of illegal reentry once before. The district court has wide discretion in weighing the 18 U.S.C. § 3553(a) factors and may assign some factors greater weight than others in imposing an appropriate sentence. See United States v. San-Miguel , 634 F.3d 471, 476 (8th Cir. 2011). And the district court is not require d to provide a “mechanical recitation” of the § 3553(a) factors, so long as it actually considered them. United States v. Walking Eagle , 553 F.3d 654, 659 (8th Cir. 2009). In view of Lopez-Hernandez’s offense conduct and history, we see no abuse of discretion in the court’s decision to sentence him at the bottom of the advisory range. The judgment of the district court is affirmed.

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