United States v. Rodriguez

Case: 25-20287 Document: 48-1 Page: 1 Date Filed: 05/04/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-20287 FILED May 4, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Refugio Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CR-201-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * Jose Refugio Rodriguez appeals a condition of his supervised release imposed in connection with his sentence for aiding and abetting a false statement to a federal firearms dealer, requiring him to participate in a mental health treatment program. He asserts that the district court erred by imposing the condition because there was no evidence that he suffered from _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-20287 Document: 48-1 Page: 2 Date Filed: 05/04/2026

No. 25-20287 a psychological condition that would require treatment upon his release in five years and, in the absence of a diagnosis by a professional, it was improper to rely on his self-assessment of anxiety and depression at the time of sentencing.

Rodrigeuz fails to show that the district court clearly or obviously erred by relying on his self-reported depression and anxiety to impose the mental health treatment condition. See United States v. Huerta, 994 F.3d 711, 715 (5th Cir. 2021); United States v. Alvarez, 880 F.3d 236, 240-41 (5th Cir. 2018).

The judgment of the district court is AFFIRMED.