United States v. Madrid

Case: 24-50946 Document: 75-1 Page: 1 Date Filed: 01/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50946 Summary Calendar FILED ____________ January 2, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Kassandra Madrid, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:24-CR-95-2 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * Kassandra Madrid appeals the sentence imposed following her guilty plea conviction for conspiracy to possess with intent to distribute and to distribute 50 grams or more of actual methamphetamine. She argues that the district court plainly erred in not sua sponte awarding her a two-level reduction under U.S.S.G. § 2D1.1(b)(18) because it erroneously believed _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50946 Document: 75-1 Page: 2 Date Filed: 01/02/2026

No. 24-50946 that she could not satisfy the criteria for safety valve relief because her co- conspirator possessed a firearm in connection with their drug offense. See U.S.S.G. § 5C1.2(a)(2).

The circumstances presented here are not materially different than those presented in United States v. Alvarez, No. 23-40085, 2024 WL 5003583, at *4–5 (5th Cir. Dec. 6, 2024) (unpublished), and for the reasons stated therein Madrid fails to establish plain error. 1 The judgment of the district court is AFFIRMED.

_____________________ Although an unpublished opinion issued on or after January 1, 1996, is not controlling precedent, it may be considered as persuasive authority. See Ballard v. Burton, 444 F.3d 391, 401 & n.7 (5th Cir. 2006) (citing 5th Cir. R. 47.5.4). Because Alvarez “addressed the same situation that we confront here,” it is highly persuasive. Batiste v. Lewis, 976 F.3d 493, 509 n.4 (5th Cir. 2020).