Case: 12-40350 Document: 00512151168 Page: 1 Date Filed: 02/21/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 21, 2013
No. 12-40350
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ALFREDO ORNELAS-LEDEZMA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:11-CR-937-1
Before JONES, DENNIS and HAYNES, Circuit Judges.
PER CURIAM:*
This appeal, in which the appellant may be released from prison as early
as February 26 after serving an 18-month within guidelines sentence for illegal
reentry, represents the triumph of hope over practicality. As the defendant’s
brief noted in its statement regarding oral argument, the case is likely to be
resolved by the appeal in United States v. Domingo-Alvarado, 695 F.3d 324 (5th
Cir. 2012), and indeed it is. Defendant raises on appeal for the first time
whether the trial court should have explained why it was imposing supervised
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40350 Document: 00512151168 Page: 2 Date Filed: 02/21/2013
No. 12-40350
release notwithstanding the hortatory language in recent official Commentary
to the Guidelines. See U.S.S.G. § 5D1.1, comment (n.5)(Nov. 1, 2011).
Defendant argues that the imposition of a putative three year term of supervised
release on him is procedurally and substantively unreasonable. For the same
reasons that motivated the court in Domingo-Alvarado, and our even more
recent opinion in United States v. Garcia-Lemus, No. 12-40353 (January 28,
2013)(unpublished), we find no plain error. See Puckett v. United States,
556 U.S. 129, 135 (2009). AFFIRMED.
2