United States v. Gomez-Guijarro

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 21, 2025
• Docket: 24-50315
• Status: Unpublished

Opinion

Case: 24-50289 Document: 66-1 Page: 1 Date Filed: 01/21/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50289 Summary Calendar FILED ____________ January 21, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

David Gomez,

Defendant—Appellant,

consolidated with _____________

No. 24-50315

_____________

United States of America,

David Gomez-Guijarro,

Defendant—Appellant. Case: 24-50289 Document: 66-1 Page: 2 Date Filed: 01/21/2025

______________________________

Appeals from the United States District Court for the Western District of Texas USDC Nos. 2:23-CR-506-1, 2:23-CR-69-1 ______________________________

Before Elrod, Chief Judge, and Haynes and Duncan, Circuit Judges. Per Curiam: * David Gomez-Guijarro pleaded guilty to illegal reentry into the United States after removal and was sentenced at the top of the guidelines range to 87 months of imprisonment. At the same time, the district court revoked the term of supervised release Gomez-Guijarro was then serving and sentenced him at the top of the advisory range to a consecutive term of 14 months of imprisonment. Gomez-Guijarro appeals, contesting the procedural reasonableness of his consecutive sentences. The district court sufficiently explained the within-guidelines consecutive sentences it imposed. See Gall v. United States, 552 U.S. 38, 50- 51 (2007); United States v. Becerril-Pena, 714 F.3d 347, 349-50 (5th Cir. 2013). Gomez-Guijarro’s arguments to the contrary, based on the mistaken premise that the district court imposed above-guidelines sentences, are unpersuasive. See United States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006); U.S.S.G. § 7B1.3(f). AFFIRMED.

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