Case: 13-50008 Document: 00512413313 Page: 1 Date Filed: 10/18/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 18, 2013
No. 13-50008
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN ANTONIO RODRIGUEZ-BANDA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:11-CR-376-1
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM:*
Juan Antonio Rodriguez-Banda argues that the imposition upon the
revocation of his supervised release of a 12-month prison sentence, which is
above the guidelines policy statement range of 4 to 10 months but at the
statutory maximum, is plainly unreasonable. He contends that because a
supervised release violation implicates only a breach of the court’s trust and
because he is not a danger to the community, his sentence is greater than
necessary to achieve the sentencing goals of 18 U.S.C. § 3553(a).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 13-50008 Document: 00512413313 Page: 2 Date Filed: 10/18/2013
No. 13-50008
Because Rodriguez-Banda did not object to his sentence in the district
court, we review for plain error. United States v. Warren, 720 F.3d 321, 326 (5th
Cir. 2013). In this case, the sentencing court noted Rodriguez-Banda’s
recidivism when it imposed the sentence. The need for a sentence to afford
adequate deterrence to criminal conduct is a proper factor for consideration. 18
U.S.C. §§ 3583(e), 3553(a)(2)(A). As Rodriguez-Banda has not demonstrated
plain error, we AFFIRM the district court order revoking his supervised release
and sentencing him to 12 months of imprisonment.
2