IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-51038

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JESUS MANUEL PAYAN-GLORIA, also known as Luis Jesus Contreras, also

known as Antonio Payan, also known as Jesus Manuel Payan-Glorida,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:09-CR-1939-1

Before KING, JOLLY, and GRAVES, Circuit Judges.

PER CURIAM:*

Jesus Manuel Payan-Gloria pleaded guilty to one count of attempted

illegal reentry into the United States, a violation of 8 U.S.C. § 1326, and one

count of false personation in immigration matters, a violation of 18 U.S.C.

§ 1546. He was sentenced originally to concurrent terms of 41 months of

imprisonment and three years of nonreporting supervised release. On appeal,

we granted Payan-Gloria’s unopposed motion to vacate his sentence and to

United States Court of Appeals

Fifth Circuit

F I L E D

August 17, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

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No. 10-51038

remand for resentencing in light of Carachuri-Rosendo v. Holder, 130 S. Ct. 2577

(2010). On resentencing, the district court varied upward from Payan-Gloria’s

guidelines range of 30 to 37 months of imprisonment and imposed the same

sentences Payan-Gloria received originally.

Payan-Gloria now appeals the sentences imposed on remand, contending

that they were greater than necessary to satisfy the requirements of 18 U.S.C.

§ 3553(a). After United States v. Booker, 543 U.S. 220 (2005), a sentence is

reviewed for reasonableness. Gall v. United States, 552 U.S. 38, 46 (2007). We

first examine whether the district court committed any significant procedural

error. Id. at 51. If the district court’s decision is procedurally sound, we will

then “consider the substantive reasonableness of the sentence imposed under an

abuse-of-discretion standard.” Id. Because Payan-Gloria does not contend that

the district court committed procedural error, the only issue on appeal is the

substantive reasonableness of his sentences.

In imposing the sentences, the district court noted Payan-Gloria’s gang

membership and extensive criminal history, which included four prior

convictions for illegal reentry into the United States, and indicated that there

was a need to deter Payan-Gloria from desiring to return to the United States. 

Payan-Gloria concedes that the factors considered by the district court were

proper but contends that a within-guidelines sentence would have been

sufficient, but not greater than necessary, to account for those factors. He

contends that immigration offenses generally resultin relatively high guidelines

ranges for relatively minor conduct; his guidelines imprisonment range was high

relative to the seriousness of his offenses; and his guidelines range did not take

into account the fact that his benign motivation for attempting to return to the

United States was concern for his elderly mother.

“[I]n applying abuse-of-discretion review, we ‘must give due deference to

the district court’s decision that the § 3553(a) factors, on a whole, justify the

extent of the variance.’” United States v. Herrera-Garduno, 519 F.3d 526, 530

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(5th Cir. 2008) (quoting Gall, 552 U.S. at 51). “[T]he sentencing judge is in a

superior position to find facts and judge their import under § 3553(a) with

respect to a particular defendant.” United States v. Campos-Maldonado, 531

F.3d 337, 339 (5th Cir. 2008). The district court provided individualized,

case-specific reasons for imposing the 41-month sentences, andPayan-Gloria has

not shown that the sentences constituted an abuse of discretion. See

Herrera-Garduno, 519 F.3d at 530-32.

AFFIRMED.

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