United States v. Limon

CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 13, 2025
Docket23-20389
StatusPublished

This text of United States v. Limon (United States v. Limon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Limon, (5th Cir. 2025).

Opinion

Case: 23-20389 Document: 126-1 Page: 1 Date Filed: 11/13/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals _____________ Fifth Circuit

FILED No. 23-20389 November 13, 2025 consolidated with Lyle W. Cayce No. 23-20609 Clerk _____________

United States of America,

Plaintiff—Appellee,

versus

Giovanny Xavier Limon,

Defendant—Appellant. ______________________________

Appeals from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-488-1 ______________________________

Before Higginson, Willett, and Engelhardt, Circuit Judges. Stephen A. Higginson, Circuit Judge: Defendant–Appellant Giovanny Limon was convicted of sex traffick- ing of a minor following a jury trial. He raises four sentencing challenges on appeal, three of which concern his sentencing substantively, and one of which concerns a clerical error in the judgment. For the reasons explained below, we AFFIRM the district court’s sentence of Limon on the first three issues and REMAND for the district court to correct the amended judgment to comport with its oral pronouncement. Case: 23-20389 Document: 126-1 Page: 2 Date Filed: 11/13/2025

23-20389 c/w No. 23-20609

I In the spring of 2022, the victim (“Minor Victim 1”) ran away from home and traveled to Houston, where she met Limon, whom she knew as “Ace.” Minor Victim 1 began staying with Limon, who, despite knowing Mi- nor Victim 1 was 15 years old, repeatedly had sex with her against her will and supplied her with drugs. Limon pressured Minor Victim 1 into sex work, set- ting up a meeting for Minor Victim 1 with two sex workers so they could show her how to dress and act. Limon arranged for provocative photographs to be taken of Minor Victim 1 dressed in lingerie, and for those photos to be used in internet ads soliciting people to pay to have sex with Minor Victim 1. The ads listed Limon’s contact information for responses and were used to set up “dates” for paid sex with Minor Victim 1. Minor Victim 1 had sexual encoun- ters with several people in exchange for money. Limon remained close during each encounter, after which Minor Victim 1 gave him the money she made. Limon used the cash he got from Minor Victim 1 to pay for hotel rooms, drugs, food, and gas. Limon kept a knife in his car, and as time passed, Minor Victim 1 grew fearful of him, as he frequently yelled at her and monitored her phone use. Eventually, Minor Victim 1 called her family for help. Limon agreed to take Minor Victim 1 to a hotel, where she would be picked up by her family, on the condition that she not tell anybody that he had sex with her and traf- ficked her. Minor Victim 1’s father picked her up from the hotel, and her family took her to the hospital for a forensic examination, during which Minor Victim 1 said that she felt “hopeless,” “dead,” “disgusted,” and like her “whole life had just been taken.” Minor Victim 1 expressed suicidal ideation to the nurse who conducted the exam, after which the hospital ensured she was accompanied at all times by a member of the hospital staff. Minor Victim 1 stayed at the hospital for three days, and her mother accompanied her.

2 Case: 23-20389 Document: 126-1 Page: 3 Date Filed: 11/13/2025

Minor Victim 1’s mother testified that, even after leaving the hospital, Minor Victim 1 continued to be afraid to be alone and felt unsafe in public. A federal grand jury returned an indictment charging Limon with one count of sex trafficking of a minor in violation of 18 U.S.C. § 1591(a), (b), and (c). Following a three-day trial, a jury found Limon guilty and found that Mi- nor Victim 1 was under the age of eighteen and that the offense involved the use of force, threats of force, fraud, or coercion. Using the 2023 Sentencing Guidelines, the presentence investigation report (the “PSR”) identified Limon’s base offense as 34 pursuant to U.S.S.G. § 2G1.3(a)(1) and his total offense level as 43 based on various ad- justments under the Guidelines. The PSR further calculated Limon’s crim- inal history score as 13, giving him a criminal history category of VI. The resulting Guidelines sentencing range was life imprisonment, with a statutory mandatory minimum term of fifteen years. Both parties filed objections to the PSR and sentencing memoranda. The government sought a life sentence, while Limon requested 300 months. Limon also submitted eight character letters. Minor Victim 1, her mother, and her grandmother each submitted victim-impact statements. At sentencing, the district court acknowledged that Limon’s Guide- lines range was life imprisonment but concluded that “a slight variance is ap- propriate in this case” and sentenced Limon to 480 months of imprisonment, followed by ten years of supervised release. The court also stated its intent to order restitution but deferred its determination of the amount at the par- ties’ request. The district court conducted a restitution hearing several months later. The government submitted a “Restitution Calculation Chart,” setting out the losses that justified the government’s request for a total of $13,540.01 in restitution. As relevant to this appeal, the chart included: (1) Minor Victim

3 Case: 23-20389 Document: 126-1 Page: 4 Date Filed: 11/13/2025

1’s mother’s loss of $210 based on her lost wages during the three days she spent with Minor Victim 1 in the hospital; and (2) the mother’s request for $500 to reimburse her “for repurchasing clothes, shoes, and undergarments for her daughter.” At the restitution hearing, the government clarified that the $500 was actually an estimate of the amount Minor Victim 1’s mother had spent to purchase hoodies for her daughter. The government explained that Minor Victim 1 was afraid to leave the house because she felt like every- one was looking at her, so the hoodies allowed Minor Victim 1 to cover herself and feel safer in public. Limon objected to those requests, arguing that the applicable restitution statute, 18 U.S.C. § 1593, does not authorize lost wages incurred by Minor Victim 1’s mother and that there was no evidence that the hoodies were purchased pursuant to any sort of medical necessity. The district court overruled Limon’s objections and ordered him to pay the full amount of restitution set out in the government’s chart. The court entered an amended judgment reflecting the restitution award. Limon timely appealed from the original judgment and the amended judgment con- taining the restitution order.1 II Limon makes four arguments on appeal. First, he argues the district court erred by not striking, sua sponte, portions of Minor Victim 1’s victim- impact statement. Second, Limon maintains the district court exceeded its statutory authority in the restitution order by ordering Limon to pay $210 for lost wages incurred by Minor Victim 1’s mother. Third, he contends the dis- trict court also exceeded its statutory authority by ordering Limon to pay

_____________________ 1 Limon had previously filed a pro se notice of appeal on August 9, 2023, before his sentencing proceeding. This appeal was docketed in our court as Case No. 23-20389 and later consolidated with Case No. 23-20609.

4 Case: 23-20389 Document: 126-1 Page: 5 Date Filed: 11/13/2025

$500 to reimburse Minor Victim 1’s mother for clothing that she purchased for the victim to help her feel safer in public after she was trafficked. And finally, Limon asserts the district court’s written amended judgment contains a clerical error that is inconsistent with the court’s oral pronouncement.

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