# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 50013 **consolidated with** No. 20

- 50027 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus **Elier Isai Marquez**

**- Gonzalez,**  Defendant

— Appellant

**.**

Appeal s from the United States District Court for the Western District of Texas USDC No. 4:19

- CR

- 558

- 1 USDC No. 4:19

- CR

- 632

- 1

Before **King ,**  **Smith ,**  and **Wilson ,**  Circuit Judges

**. Per Curiam**  **:** * Elier Isai Marquez

- Gonzalez appeals his within

- guidelines sentence of 21 months of imprisonment and three years of supervised release, which the

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 19, 2020

Lyle W. Cay ce Clerk Case: 20-50013 Document: 00515532727 Page: 1 Date Filed: 08/19/2020No. 20

- 50013 c/w No. 20

- 50027

2 district court imposed following his guilty plea conviction for entry after deportation, in violation of 8 U.S. C. § 1326. He argues that his sentence was greater than necessary to meet the sentencing goals set out in 18 U.S.C. § 3553(a) and therefore unreasonable. Marquez

- Gonzalez also appeals a separate revocation judgment, but raises no challenge to the revocat ion of his supervised release.
Pursuant to Gall v. United States , 552 U.S. 38, 51 (2007), we engage in a bifurcated review of the sentence imposed by the district court. United States v. Delgado

- Martinez , 564 F.3d 750, 752 (5th Cir. 2009). First, we

cons ider whether the district court committed a “significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range.” Gall , 552 U.S. at 51. If there is no error or the error is harmless, we may proceed to the second s tep and review the substantive reasonableness of the sentence imposed for an abuse of discretion. Id .; see also Delgado

Martinez , 564 F.3d at 751

- 53 . A within

- guidelines sentence such as Marquez

Gonzalez’s is afforded a presumption of reasonableness. Uni ted States v. Cooks , 589 F.3d 173, 186 (5th Cir. 2009). This presumption may be rebutted only if the defendant establishes “that the sentence does not account for a factor that should receive significant weight, it gives significant weight to an irrelevan t or improper factor, or it represents a clear error of judgment in balancing sentencing factors.” Id

. Marquez

- Gonzalez has not rebutted the presumption. He contends that the district court abused its discretion in imposing a sentence at the top of the a dvisory range given his stated reason for illegally reentering the United States, namely the need to earn money and provide treatment for his handicapped daughter , and that the guidelines range overstated both the seriousness of his offense and his dangero usness. However, the district court heard Marquez

- Gonzalez’s arguments regarding mitigation and the nature of his prior criminal convictions and sentences, and it ultimately decided to Case: 20-50013 Document: 00515532727 Page: 2 Date Filed: 08/19/2020No. 20

- 50013 c/w No. 20

- 50027

3 impose a sentence at the top of the advisory guidelines range. T he di strict court was in the best position to evaluate Marquez

- Gonzalez’s history and characteristics, as well as the need for the sentence imposed to further the objectives set forth in § 3553(a), and its decision is entitled to deference. See Gall , 552 U.S. at 51

- 52. Finally, we have previously rejected Marquez

- Gonzalez’s arguments regarding the nature of illegal reentry offenses and double

- counting under U.S.S.G. § 2L1.2. See United States v. Duarte , 569 F.3d 52 8 , 529

- 31 (5th Cir. 2009); United States v. Juarez

- Duart e , 513 F.3d 204, 212 (5th Cir. 2008).
**AFFIRMED**

. Case: 20-50013 Document: 00515532727 Page: 3 Date Filed: 08/19/2020