United States v. Jose Zuniga-Hernandez

U.S. Court of Appeals for the Fifth Circuit
United States v. Jose Zuniga-Hernandez, 551 F. App'x 239 (5th Cir. 2014)
Higginbotham, Dennis, Graves

United States v. Jose Zuniga-Hernandez

Opinion

PER CURIAM: *

Jose Luis Zuniga-Hernandez (Zuniga) appeals his 87-month, above-Guidelines sentences imposed for being found in the United States illegally and being an alien in possession of firearm. He argues only that the district court imposed unreasonable sentences by failing to explain adequately its reasons for the sentences imposed.

A district court commits procedural error by “failing to adequately explain the chosen sentence[s] — including an explanation for any deviation[s] from the Guidelines range.” Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). However, because Zuniga did not object to the district court’s alleged failure during the sentencing hearing, we review only for plain error. See United States v. Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir. 2009). Zuniga does not attempt to show, and therefore cannot succeed in showing, that the district court plainly erred by failing to explain adequately its reasons for imposing the sentences. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Jose Luis ZUNIGA-HERNANDEZ, Defendant-Appellant
Status
Unpublished