United States v. Garcia-Infante

Case: 25-50509 Document: 72-1 Page: 1 Date Filed: 08/05/2026

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

No. 25-50509

FILED August 5, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Juan Antonio Garcia-Infante,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-3502-1 ______________________________

Before Smith, Southwick, and Oldham, Circuit Judges.

Per Curiam:*

Juan Garcia-Infante appeals the 24-month sentence imposed following his conviction of illegally reentry into the United States after deportation. He contends that the above-guidelines sentence is substantively unreasonable.

Garcia-Infante fails to show an abuse of discretion. See United States Case: 25-50509 Document: 72-1 Page: 2 Date Filed: 08/05/2026

No. 25-50509

v. Smith, 440 F.3d 704, 707-08 (5th Cir. 2006). His “argument that the dis- trict court could not rely on factors already encompassed within the guide- lines to support a non-guidelines sentence is foreclosed.” United States v. Key, 599 F.3d 469, 475 (5th Cir. 2010). Moreover, when considering prior convictions, district courts need not “limit that inquiry to recent offenses.” United States v. Lerma, 123 F.4th 768, 773 (5th Cir. 2024). We also have rejected the argument that the Sentencing Guidelines overstate the serious- ness of illegal reentry merely because the offense is a nonviolent international trespass. See United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006). Finally, Garcia-Infante fails to show that the district court clearly erred in balancing the statutory sentencing factors or in affording weight to the vari- ous aspects of his criminal history. See Smith, 440 F.3d at 708–09.

The judgment is AFFIRMED.