Case: 17-40495 Document: 00514296709 Page: 1 Date Filed: 01/05/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40495 FILED
Summary Calendar January 5, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUVER ALEXANDER DIAZ-MARTINEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:16-CR-1170-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Juver Alexander Diaz-Martinez appeals the 24-month sentence imposed
for his illegal reentry conviction. He contends that the assessment of criminal
history points for a prior conviction that also serves as the basis for an increase
in the offense level violates the Double Jeopardy Clause by unconstitutionally
punishing him twice for the same offense.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40495 Document: 00514296709 Page: 2 Date Filed: 01/05/2018
No. 17-40495
We review de novo the district court’s interpretation and application of
the Sentencing Guidelines. United States v. Dison, 573 F.3d 204, 207 (5th Cir.
2009). Double-counting does not violate the Double Jeopardy Clause so long
as the Guidelines do not expressly forbid the double-counting. Id. at 208. The
applicable guidelines provisions in this case expressly provide for double-
counting of a defendant’s prior conviction in enhancing his offense level and
assessing his criminal history score. See U.S.S.G. § 2L1.2, cmt. (n.3).
Accordingly, the district court did not violate the Double Jeopardy Clause.
The judgment of the district court is AFFIRMED.
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