United States v. Betancourt-Sepulveda

Case: 25-50837 Document: 56-1 Page: 1 Date Filed: 08/31/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50837 August 31, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Fidencio Betancourt-Sepulveda, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:25-CR-79-1 ______________________________ Before Smith, Southwick, and Oldham, Circuit Judges.

Per Curiam: * Fidencio Betancourt-Sepulveda appeals the 36-month sentence imposed following his conviction for illegal reentry into the United States subsequent to deportation. He argues that the above-guidelines-range sentence is substantively unreasonable.

Case: 25-50837 Document: 56-1 Page: 2 Date Filed: 08/31/2026

No. 25-50837

Betancourt-Sepulveda has not shown an abuse of discretion. See United States v. Smith, 440 F.3d 704, 707 (5th Cir. 2006). His “argument that the district court could not rely on factors already encompassed within the guidelines to support a non-guidelines sentence is foreclosed.” United States v. Key, 599 F.3d 469, 475 (5th Cir. 2010). Moreover, he fails to show that the district court clearly erred in balancing the statutory sentencing factors or in affording weight to the various aspects of his criminal history.

See Smith, 440 F.3d at 708-09.

AFFIRMED.