Case: 12-51125 Document: 00512429249 Page: 2 Date Filed: 11/04/2013
unreasonable because the district court failed to consider cultural assimilation
and that the guidelines calculation overrepresented his criminal history.
This court reviews a district court’s sentencing decision for
reasonableness, under the abuse-of-discretion standard. Gall v. United States,
552 U.S. 38, 50-51 (2007); United States v. Cisneros-Gutierrez, 517 F.3d 751,
764 (5th Cir. 2008). “Appellate courts must first ensure that the district court
committed no significant procedural error, such as failing to calculate (or
improperly calculating) the Guidelines range, treating the Guidelines as
mandatory, failing to consider the [18 U.S.C.] § 3553(a) factors, selecting a
sentence based on clearly erroneous facts, or failing to adequately explain the
chosen sentence - including an explanation for any deviation from the
[g]uidelines range.” Cisneros-Gutierrez, 517 F.3d at 764. Where the sentence
is procedurally sound, the appellate court considers the substantive
reasonableness of the sentence under the abuse of discretion standard. Id.
Although there are questions regarding whether Villa adequately
preserved the arguments that he raises on appeal, because Villa cannot prevail
even under the less deferential, abuse-of-discretion standard, it is unnecessary
for this court to determine the standard of review. See United States v.
Becerril-Pena, 714 F.3d 347, 349 n.4 (5th Cir. 2013).
The record reflects that after considering the particular facts and
circumstances of Villa’s case, including Villa’s criminal history and the need
for the sentence to serve as a deterrent, the district court determined that the
guidelines-range sentence was adequate. The district court therefore did not
commit procedural error by providing inadequate reasons for the sentence that
it imposed. Rita v. United States, 551 U.S. 338, 356 (2007). Villa’s argument
regarding cultural assimilation does not demonstrate that the district court
erred, because a sentencing court is not required to accord cultural