United States v. Avila-Lechuga

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 2, 2026
• Docket: 25-50075
• Status: Unpublished

Opinion

Case: 25-50075 Document: 65-1 Page: 1 Date Filed: 02/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50075 Summary Calendar FILED ____________ February 2, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Jorge Avila-Lechuga,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-1629-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Jorge Avila-Lechuga appeals the 24-month, above-guidelines sentence imposed following his guilty plea for illegally reentering the United States after having been previously deported. He argues that his sentence is substantively unreasonable because the district court erred in balancing the 18 U.S.C. § 3553(a) factors.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50075 Document: 65-1 Page: 2 Date Filed: 02/02/2026

No. 25-50075

Because Avila-Lechuga failed to preserve this issue, our review is for plain error. See United States v. Sepulveda, 64 F.4th 700, 709 (5th Cir. 2023). He has failed to demonstrate that the district court plainly erred in issuing the 24-month, above-guidelines sentence. See United States v. Lopez- Velasquez, 526 F.3d 804, 807 (5th Cir. 2008); United States v. Fraga, 704 F.3d 432, 440-41 (5th Cir. 2013); Puckett v. United States, 556 U.S. 129, 135 (2009). Accordingly, the judgment of the district court is AFFIRMED.