United States v. Hernandez

Case: 25-40698 Document: 59-1 Page: 1 Date Filed: 08/25/2026

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 25-40698 consolidated with FILED No. 25-40704 August 25, 2026 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Oscar Ambrocio Hernandez, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Southern District of Texas USDC Nos. 7:25-CR-169-1, 7:25-CR-425-12 ______________________________ Before Stewart, Richman, and Higginson, Circuit Judges.

Per Curiam: * Oscar Ambrocio Hernandez appeals the sentence imposed following his conviction for illegal reentry and assaulting a corrections officer. He challenges the denial of a mitigating role adjustment.

Case: 25-40698 Document: 59-1 Page: 2 Date Filed: 08/25/2026

25-40698 c/w No. 25-40704 The district court’s finding that Hernandez was an average participant in the offense is plausible in light of the record as a whole. See United States v. Torres-Hernandez, 843 F.3d 203, 207 (5th Cir. 2016). The extent of his participation, pushing and attempting to tackle a correctional officer and holding an officer down by the neck, does not suggest that he was less culpable that the average participant. See U.S.S.G. § 3B1.2 (n.3(C)).

Moreover, this conduct was not “peripheral to the advancement of the illicit activity.” United States v. Miranda, 248 F.3d 434, 447 (5th Cir. 2001).

Hernandez was not among the least culpable of the participants or less culpable than most other participants in the offense. See U.S.S.G. § 3B1.2 & comment. (nn.4-5).

The judgment of the district court is AFFIRMED.