United States v. Carrillo-Ojeda

Opinion

Case: 25-50979 Document: 59-1 Page: 1 Date Filed: 07/28/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED July 28, 2026 No. 25-50979 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Vicente Javier Carrillo-Ojeda,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-1446-1 ______________________________

Before Willett, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* Vicente Javier Carrillo-Ojeda pleaded guilty to illegal reentry into the United States. He appeals, arguing that the district court failed to adequately explain the 48-month sentence. Reviewing this forfeited contention for plain error, see United States v. Coto-Mendoza, 986 F.3d 583, 585-86 (5th Cir. 2021), we hold that there was no error, plain or otherwise, in light of the lengthy colloquy at sentencing about an appropriate sentence and the fact-specific

* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50979 Document: 59-1 Page: 2 Date Filed: 07/28/2026

No. 25-50979

reasons given for the variance, see United States v. Jones, 75 F.4th 502, 511-12 (5th Cir. 2023). In addition, Carrillo-Ojeda contends that his sentence is substantively unreasonable. Assuming without deciding that he preserved his substantive reasonableness challenge, see United States v. Navarro-Jusino, 993 F.3d 360, 362 n.2 (5th Cir. 2021), we conclude that the district court did not abuse its discretion by varying upward based on Carrillo-Ojeda’s criminal history and the need to promote respect for the law, provide just punishment, and afford adequate deterrence to criminal conduct, see United States v. Woods, 102 F.4th 760, 765-66 (5th Cir. 2024); see also Gall v. United States, 552 U.S. 38, 47 (2007). The sentence is well below the statutory maximum, and we have upheld proportionally greater variances. See 8 U.S.C. § 1326(b)(2); United States v. Lopez-Velasquez, 526 F.3d 804, 805, 807-08 (5th Cir. 2008). AFFIRMED.