Case: 12-50858 Document: 00512285982 Page: 1 Date Filed: 06/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 25, 2013
No. 12-50858
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ARREGOTE-JUAREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:12-CR-186-1
Before BENAVIDES, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Jose Arregote-Juarez (Arregote) pleaded guilty to being illegally found in
the United States after having been previously deported, in violation of 8 U.S.C.
§ 1326. He was sentenced to 30 months of imprisonment, to be followed by a
three-year term of supervised release. On appeal, Arregote argues that his
sentence is procedurally unreasonable because the district court did not give
reasons for imposing a term of supervised release despite U.S.S.G. § 5D1.1(c)’s
instruction that supervised release ordinarily should not be imposed if the
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50858 Document: 00512285982 Page: 2 Date Filed: 06/25/2013
No. 12-50858
defendant is a deportable alien. He also argues that his sentence is
substantively unreasonable because the district court failed to consider
§ 5D1.1(c)’s instruction even though it was a factor that should have been given
significant weight. Arregote did not raise his arguments or object to his sentence
in the district court. Accordingly, we will review his arguments for plain error
only. See United States v. Dominguez-Alvarado, 695 F.3d 324, 328-29 (5th Cir.
2012).
Arregote has not shown that the district court imposed a procedurally
unreasonable sentence in his case. Although the district court did not give
specific reasons for imposing a term of supervised release, the record reflects
that, when imposing Arregote’s sentence, the district court considered the
§ 3553(a) sentencing factors and discussed the facts and circumstances of both
Arregote’s background and the offense of conviction and the need for the
sentence to afford adequate deterrence to crime, specifically noting Arregote’s
criminal history, problem with alcohol, and likelihood to reoffend. The district
court’s statements at Arregote’s sentencing sufficiently offered a “particularized
explanation and concern [that] justif[ied] imposition of a term of supervised
release.” Dominguez-Alvarado, 695 F.3d at 330; see also United States v.
Becerril-Pena, 714 F.3d 347, 349 (5th Cir. 2013) (explaining that court need not
find that case is extraordinary to impose supervised release on deportable alien).
Additionally, Arregote has not shown that the district court imposed a
substantively unreasonable sentence. The three-year term of supervised release
imposed in his case fell within the advisory sentencing guidelines range for his
offense. He has not overcome the presumption that the district court, in
imposing a term of supervised release, considered the relevant sentencing
factors. See United States v. Mares, 402 F.3d 511, 519 (5th Cir. 2005).
Accordingly, he has not established that his sentence of supervised release is
substantively unreasonable.
AFFIRMED.
2