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

No. 15

- 50376 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JUAN CARLOS MARTINEZ

- HARO , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:15

- CR

- 13

Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Defendant

- Appellant Juan Carlos Martinez

- Haro appeals his concurrent 46

- month within

- guidelines sentences for illegal reentry into the United States and false personation in immigration matters. Martinez

- Haro contends that his sentences are greater than necessary to meet the sentencing goals of 18 U.S.C. § 3553(a) and thus are substantively unreasonable. Specifically, he argues that U.S.S.G. § 2L1.2, the sentencing guideline pertaining to illegal

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 November 30, 2015 Lyle W. Cayce Clerk Case: 15-50376 Document: 00513287437 Page: 1 Date Filed: 11/30/2015No. 15

- 50376

2 reentry offenses, lacks an empirical basis and thus overstates the seriousness of his offense. As he concedes, however, this argument is foreclosed. See United States v. Mondragon

- Santiago , 564 F.3d 357, 366

- 67 (5th Cir. 2009)

. Martinez

- Haro additionally asserts that his sentences are greater than necessary to provide adequate deterrence or protect the public and that they fail to properly reflect his persona l history and characteristics. We review the substantive rea sonableness of a sentence for abuse of discretion

. Gall v. United States , 552 U.S. 38, 51 (2007) . A “sentence imposed within a properly calculated guidelines range is presumptively reasonable.” United States v. Campos

- Maldonado , 531 F.3d 337, 338 (5th Cir. 2008). The presumptio n of reasonableness is only rebutted by “a showing that the sentence does not account for a factor that should receive significant weight, it gives significant weight to an irrelevant or improper factor, or it represents a clear error of judgment in balanc ing [the § 3553(a)] sentencing factors.” United States v. Cooks , 589 F. 3d 173, 186 (5th Cir. 2009). The record reflects that the district court listened to and rejected Martinez

- Haro’s arguments in favor of a downward variance and imposed sentence s at the bottom of the advisory guidelines range. Therefore, Martinez

Haro’s sentence s are presumptively reasonable. See Campos

- Maldonado , 53 1 F.3d at 338. In imposing sentence, the district court adopted the findings of the presentence report (PSR), which cont ained a recitation of Martinez

- Haro’s criminal history, including his prior felony conviction for indecent liberties with a child, as well as a lengthy discussion of his personal history and characteristics. Although Martinez

- Haro disputed the factual bas is of his indecent liberties conviction, he offered no evidence that the information contained in the PSR lacked an evidentiary basis or was otherwise unreliable. See United States v. Cabrera , 288 F.3d 163, 173

- 74 (5th Cir. 2002). Case: 15-50376 Document: 00513287437 Page: 2 Date Filed: 11/30/2015No. 15

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3 Martinez

- Haro does not show that the district court abused its discretion in either its consideration or balancing of the § 3553(a) sentencing factors. See Cooks , 589 F. 3d at 186. Rather, he merely complains that the district court should have weighed those factors in his favo r . We will not second

- guess the reasonable determination s of the district court, which “is in a superior position to find facts and judge their import under § 3553(a) with respect to a particular defendant. ” United States v. Heard , 709 F.3d 413, 435 (5th Cir. 2013) (internal quotation marks and citation omitted) ; s ee Gall , 552 U.S. at 51. As Martinez

Haro fails to rebut the presumption of reasonableness, he cannot demonstrate that his sentence s are substantively unreasonable. See Gall , 552 U.S. at 51 ; C

ooks , 589 F.3d at 186

. Accordingly, we AFFIRM the judgment of the district court. Case: 15-50376 Document: 00513287437 Page: 3 Date Filed: 11/30/2015