United States v. Luis Gomez-Celaya

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 5, 2023
• Docket: 23-2401
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2401 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Luis Alonso Gomez-Celaya

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: September 29, 2023 Filed: October 5, 2023 [Unpublished] ____________

Before COLLOTON, GRUENDER, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Luis Gomez-Celaya appeals after the district court1 revoked his supervised release and sentenced him to 6 months in prison and 2 years of supervised release.

1 The Honorable Stephen R. Clark, Chief Judge, United States District Court for the Eastern District of Missouri. His counsel has moved to withdraw, and has filed a brief challenging the revocation sentence.

After careful review of the record, we conclude that the district court did not plainly err by imposing an additional term of supervised release even though Gomez- Celaya might be deported. See United States v. Hernandez-Loera, 914 F.3d 621, 622 (8th Cir. 2019) (per curiam) (standard of review; noting that the U.S.S.G. § 5D1.1(c) recommendation against imposing a term of supervised release on a defendant subject to deportation is “hortatory, not mandatory”). We also conclude that the district court did not abuse its discretion in imposing the revocation sentence. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (reviewing the substantive reasonable of a revocation sentence under a deferential abuse-of-discretion standard). Accordingly, we grant counsel’s motion to withdraw and affirm. ______________________________

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