U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Maynor Orellana

United States v. Maynor Orellana
U.S. Court of Appeals for the Fifth Circuit · Decided June 13, 2014 · Higginbotham, Dennis, Graves
572 F. App'x 267

United States v. Maynor Orellana

Opinion

PER CURIAM: *

Maynor Miguel Oro Orellana pleaded guilty without benefit of a written plea agreement of illegal reentry following deportation, and he was sentenced within the guidelines range to a 50-month term of imprisonment and to a three-year period of supervised release. Citing U.S.S.G. § 5Dl.l(c), Orellana contends that the district court erred in failing to explain adequately its reasons for imposing a period of supervised release. As Orellana properly concedes, our review of this issue is for plain error. See United States v. Dominguez-Alvarado, 695 F.3d 324, 327-28 (5th Cir. 2012).

The district court should explain the sentence imposed “to allow for meaningful appellate review and to promote the perception of fair sentencing.” Gall v. United States, 552 U.S. 38, 50, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Little explanation is required where, as here, the sentence imposed is within the guidelines range. See United States v. Cancino-Trinidad, 710 F.3d 601, 606 (5th Cir. 2013).

In this case, the district court stated that it had imposed a three-year period of supervision “to deter the defendant from reentering the United States illegally as a *268 measure of additional deterrence and protection.” The district court’s explanation for imposing a period of supervised release was adequate under this court’s decision in Dominguez-Alvarado. See 695 F.3d at 330. There was no error, plain or otherwise. See id. The 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Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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