Case: 16-40179 Document: 00513744324 Page: 1 Date Filed: 11/02/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-40179
Fifth Circuit
FILED
Summary Calendar November 2, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
JULIAN DOMINGUEZ,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 2:15-CR-818-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Julian Dominguez appeals the 34-month, below-guidelines prison
sentence he received following his plea of guilty to illegally reentering the
United States. In this court, he argues that the district court erred at
sentencing by prohibiting counsel’s argument regarding cultural assimilation
when such arguments are permitted by the commentary to U.S.S.G. § 2L1.2.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40179 Document: 00513744324 Page: 2 Date Filed: 11/02/2016
No. 16-40179
Although he contends that the district court curtailed counsel’s
arguments, Dominguez presented facts regarding his cultural assimilation to
the court on his own behalf and has furnished no additional facts that he was
prohibited from presenting. Furthermore, in imposing a below-guidelines
sentence, the district court acknowledged Dominguez’s assimilation
arguments and explicitly relied on Dominguez’s community ties. See § 2L1.2,
comment. (n.9). Dominguez has shown no error, plain or otherwise. See United
States v. Rodriguez, 523 F.3d 519, 525 (5th Cir. 2008). Thus, his sentence is
AFFIRMED.
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