United States Fifth Circuit

Sentence for illegal reentry into the U.S. is affirmed, where the Guidelines enhancement to which Defendant was subject was presumptively reasonable, and Kimbrough v. U.S., 128 S.Ct. 118 (2007), does not require the District Court to analyze the empirical basis of each Guideline.

Appellate Information

• Decided 06/01/2009
• Published 06/02/2009

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Mark Randolph Stelmach, Asst. U.S. Attys., San Antonio, TX, for U.S., Judy Fulmer Madewell, Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Duarte.