United States v. Felipe Saucedo, III

588 F. App'x 371

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 23, 2014
• Docket: 13-51157
• Status: Unpublished

Opinion

PER CURIAM: *

Felipe Saucedo, III, has appealed the ' district court’s judgment revoking his supervised release and sentencing him to a 24-month term of imprisonment. He contends that the sentence imposed was greater than necessary to fulfill the sentencing objectives of 18 U.S.C. § 3553(a) and was, therefore, unreasonable.

Ordinarily, revocation sentences are. reviewed under a “plainly unreasonable” standard. United States v. Miller, 634 F.3d 841, 843 (5th Cir.2011). However, because no objection was made at the revocation hearing, this court’s review of Sau-cedo’s revocation sentence is limited to plain error. See United States v. Whitelaw, 580 F.3d 256, 259-60 (5th Cir.2009). To show plain error, Saucedo must show a , forfeited error that is clear or obvious and that affects his substantial rights. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009). If he makes such a showing, this court has the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. See id.

Saucedo does not dispute that the district court imposed a statutory maximum sentence. See 18 U.S.C. § 3583(e)(3). The court considered the guidelines policy statements and appropriate statutory sentencing factors. See 18 U.S.C. § 3553(a)(1), (a)(2)(B); United States v. Mathena, 23 F.3d 87, 90-93 (5th Cir.1994). No error, plain or otherwise, has been identified. The judgment is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.