United States v. Maria Gonzalez
Opinion
After pleading guilty, pursuant to a written plea agreement, to distribution of heroin, Mexican national Maria Jesus Gonzalez was sentenced to 168 months of imprisonment, followed by a three-year term of supervised release. For the first time on appeal, she contends that the district court erred in ordering her to serve a term of supervised release given that she is a deportable alien. She complains that the court failed to make any findings that supervised release was necessary for deterrence or protection, as required by U.S.S.G. § 501.1(c).
We review this newly raised argument for plain error only. See United States v. Dominguez-Alvarado, 695 F.3d 324, 328 (5th Cir. 2012). Gonzalez has failed to show any error, plain or otherwise, in connection with her sentence of supervised release. Section 5Dl.l(c) does not apply where the term of supervised release is required by statute. In the instant case, the district court was required by statute to impose a three-year term of supervised release as a result of Gonzalez’s conviction for distribution of heroin. See 21 U.S.C. § 841(b)(1)(C). Accordingly, the district court’s judgment is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Maria Jesus GONZALEZ, Also Known as Maria Gonzalez, Defendant-Appellant
- Status
- Unpublished