### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-51186 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. SAUL CORONA-PORRAS, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-1847-1

Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM: * Saul Corona-Porras (Corona) appeals the 27-month sen t e n c e imposed following his guilty plea conviction for being found illegally in the United States following removal. He contends that the within-guidelines sentence was greater than necessary to satisfy the sentencing goals set forth in 18 U.S.C. § 3 5 53(a) and was therefore substantively unreasonable. Corona specifically argues that U.S.S.G. § 2L1.2 is not empirically based and that the guidelines sentence does not warrant a presumpti o n o f r e asonableness. He maintains that his offense U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D August 1, 2 012 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the court hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-51186 Document: 00511941387 Page: 1 Date Filed: 08/01/2012No. 11-51186

constitutes a mere international trespass and that the di strict court failed to take into account his personal history and characteristics, including his benign motive for reentering the United States, his lack of a violent criminal history, and his willingness to stay out of the United States in the future. This court reviews the sentence for reasonabl e n e s s , under an abuse-ofdiscretion standard. Gall v. United States , 552 U.S. 38, 51 (2007). Where, as in this case, th e di strict court imposes a sentence within a properly calculated guidelines range, the sentence is e nt i tled to a rebuttable presumption of reasonableness. United States v. Newson , 515 F.3d 374, 379 (5th Cir. 200 8). As Corona concedes, the contention that a defendant is ent i t l e d to relief because § 2L1.2 is not supported by empirical data has been r ej e cted by this court. United States v. Duarte , 569 F.3d 528, 530 (5th Cir. 2009). This court has also dete r mined that the”international trespass” argument raised by Corona does n o t justify disturbing an otherwise presumptively reasonable sentence. United States v. Aguirre-Villa , 460 F.3d 681, 683 (5th Cir. 200 6). Th e di strict court made an individualized sentencing decision based on th e factors of the case in light of the factors set out in § 3553(a). See Gall , 552 U.S. at 49-50. In particular, the district court took into account Corona’s numerous returns to the United States and his inability to p r o v e that his circumstances had chang e d t o a d e gree that would deter future illegal entries. The district court’s conclusion that a within-guidelines sentence is entitled to deference, and

we presume that it is reasonable. See id. at 51-52; United States v. Cooks , 589 F.3d 173, 186 (5th Cir. 2009); N e w s o n , 5 1 5 F.3d at 379. We see no reason to disturb the district court’s discretionary decision to impose a sentence within the guide l i n e s r ange. Consequently, the judgment of the district court is AFFIRMED.

2 Case: 11-51186 Document: 00511941387 Page: 2 Date Filed: 08/01/2012