U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Fredy Borjas-Ramos

United States v. Fredy Borjas-Ramos
U.S. Court of Appeals for the Fifth Circuit · Decided February 10, 2016 · Jolly, King, Per Curiam, Prado
633 F. App'x 250

United States v. Fredy Borjas-Ramos

Opinion

PER CURIAM: *

A federal grand jury indicted Defendant-Appellant Fredy Orlando Borjas-Ra-mos for illegally reentering the United States in . violation of 8 U.S.C. § 1326(a) and (b) on November 25, 2014. Borjas-Ramos pleaded guilty without a plea agreement. A presentence investigation report (PSR) was prepared using the 2014 edition of the United States Sentencing Guidelines, and the district court concluded that the relevant Guidelines range for Borjas-Ramos was 46-57 months. Bor-jas-Ramos objected to the PSR and requested a downward departure, but he did not object at the sentencing hearing to the sentence imposed by the district court.

Borjas-Ramos timely appealed, and we review the district court’s sentencing decision “for reasonableness.” United States v. Anderson, 559 F.3d 348, 354 (5th Cir. 2009). Because Borjas-Ramos failed to properly object at sentencing, our review is for plain error. United States v. Dominguez-Alvarado, 695 F.3d 324, 327 (5th Cir. 2012). This court finds plain error when: (1) there is error;. (2) the error is plain; (3) the error affects substantial rights; and (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings. See United States v. Cedillo-Narvaez, 761 F.3d 397, 401-02 (5th Cir.) cert. denied, — U.S. —, 135 S.Ct. 764, 190 L.Ed.2d 636 (2014); United States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005).

“[W]hen a sentencing judge imposes a properly calculated Guidelines sentence, ‘[this court] will give great deference to that sentence.’ ” United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006) (quoting Mares, 402 F.3d at 520). Borjas-Ramos has failed to show that the district court committed any reversible error. Therefore, he cannot satisfy the first two prongs of plain eiTor review. Because Borjas-Ramos has shown no plain error, the judgment of the district court 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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