United States v. Balderas-Garcia

Opinion

Case: 25-50709 Document: 47-1 Page: 1 Date Filed: 08/27/2026

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals Fifth Circuit

No. 25-50709

FILED

August 27, 2026

Summary Calendar ____________ Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Tomas Balderas-Garcia,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-11-1

______________________________

Before Higginbotham, Smith, and Ho, Circuit Judges. Per Curiam:* Tomas Balderas-Garcia pleaded guilty to an indictment charging him with illegal reentry into the United States in violation of 8 U.S.C. § 1326(a) and (b). The district court determined that the advisory guidelines imprisonment range was 24 to 30 months. It varied upward from that range,

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50709 Document: 47-1 Page: 2 Date Filed: 08/27/2026

No. 25-50709

sentencing Balderas-Garcia to 42 months of imprisonment to be followed by three years of supervised release.

For the first time on appeal, Balderas-Garcia argues that his 42-month sentence is substantively unreasonable. Reviewing for plain error, we conclude that Balderas-Garcia’s arguments do not show that the district court committed a clear error of judgment in balancing the 18 U.S.C. § 3553(a) factors or that his sentence is substantively unreasonable. See Puckett v. United States, 556 U.S. 129, 135 (2009); United States v. Zarco- Beiza, 24 F.4th 477, 481-82 (5th Cir. 2022); United States v. Hudgens, 4 F.4th 352, 358 (5th Cir. 2021).

AFFIRMED.