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

United States v. Julian Dominguez

United States v. Julian Dominguez
U.S. Court of Appeals for the Fifth Circuit · Decided November 2, 2016 · King, Dennis, Costa
670 F. App'x 284

United States v. Julian Dominguez

Opinion

PER CURIAM: *

Julian Dominguez appeals the 34-month, below-guidelines prison sentence he received following his plea of guilty to illegally reentering the United States. In this court, he argues that the district court erred at sentencing by prohibiting counsel’s argument regarding cultural assimilation when such arguments are permitted by the commentary to U.S.S.G. § 2L1.2.

Although he contends that the district court curtailed counsel’s arguments, Dominguez presented facts regarding his cultural assimilation to the court on his own behalf and has furnished no additional facts that he was prohibited from presenting. Furthermore, in imposing a below-guidelines sentence, the district court acknowledged Dominguez’s assimilation arguments and explicitly relied on Dominguez’s community ties. See § 2L1.2, comment. (n.9). Dominguez has shown no error, plain or otherwise. See United States v. Rodriguez, 523 F.3d 519, 525 (5th Cir. 2008). Thus, his sentence 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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