Case: 13-40132 Document: 00512497787 Page: 1 Date Filed: 01/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-40132
FILED
January 13, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE LUIS ZUNIGA-HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:11-CR-1019-1
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
Jose Luis Zuniga-Hernandez (Zuniga) appeals his 87-month, above-
Guidelines sentences imposed for being found in the United States illegally
and being an alien in possession of firearm. He argues only that the district
court imposed unreasonable sentences by failing to explain adequately its
reasons for the sentences imposed.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40132 Document: 00512497787 Page: 2 Date Filed: 01/13/2014
No. 13-40132
A district court commits procedural error by “failing to adequately
explain the chosen sentence[s]—including an explanation for any deviation[s]
from the Guidelines range.” Gall v. United States, 552 U.S. 38, 51 (2007).
However, because Zuniga did not object to the district court’s alleged failure
during the sentencing hearing, we review only for plain error. See United
States v. Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir. 2009). Zuniga does
not attempt to show, and therefore cannot succeed in showing, that the district
court plainly erred by failing to explain adequately its reasons for imposing the
sentences. See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.
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