Case: 24-50573 Document: 75-1 Page: 1 Date Filed: 09/19/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50573 Summary Calendar FILED ____________ September 19, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Valentin Ureste-Fuentes, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:20-CR-1096-1 ______________________________ Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: * Valentin Ureste-Fuentes was sentenced to 63 months of imprisonment after pleading guilty to smuggling goods from the United States, in violation of 18 U.S.C. § 554. On appeal, he contends that the district court erred in declining to grant him a reduction for acceptance of responsibility.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50573 Document: 75-1 Page: 2 Date Filed: 09/19/2025

No. 24-50573

Because Ureste-Fuentes did not object to the denial of acceptance of responsibility points, review is limited to the plain error standard. See United States v. Medina-Anicacio, 325 F.3d 638, 647 (5th Cir. 2003). Ureste-Fuentes argues that the district court erred in relying on the allegations in the presentence report (PSR) that he brandished a firearm while on pretrial release as this account lacked an adequate evidentiary basis. This information came from the pretrial services officer, who spoke with the person at whom Ureste-Fuentes pointed the gun. Ureste-Fuentes offered no rebuttal evidence. Accordingly, the district court was entitled to rely on the information. See United States v. Zuniga, 720 F.3d 587, 590 (5th Cir. 2013).

There was no error, plain or otherwise. Thus, we need not reach the alternate ground cited by the probation officer.

AFFIRMED.