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

United States v. Hipolito Segura-Sanchez

United States v. Hipolito Segura-Sanchez
U.S. Court of Appeals for the Fifth Circuit · Decided October 26, 2016 · Jolly, Southwick, Higginson
670 F. App'x 239

United States v. Hipolito Segura-Sanchez

Opinion

PER CURIAM: *

Hipólito Segura-Sanchez appeals the 12-month sentence imposed following the revocation of his supervised release on the grounds that it is procedurally and substantively unreasonable. Review is for plain error because Segura-Sanchez did not object. See United States v. Whitelaw, 580 F.3d 256, 259-60 (5th Cir. 2009).

Segura-Sanchez fails to demonstrate any error, plain or otherwise. A district court does not procedurally err by weighing some 18 U.S.C. § 3553(a) factors more *240 heavily than others. See United States v. Hernandez, 633 F.3d 370, 375-76 (5th Cir. 2011). His argument fails to rebut the presumption of reasonableness that applies to his consecutive, within-guidelines sentence. See United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008); United States v. Candia, 454 F.3d 468, 473 (5th Cir. 2006); U.S.S.G. § 7B1.3(f) & cmt. n.4.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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