571 F. App'x 300

UNITED STATES of America, Plaintiff-Appellee v. Raul SANCHEZ-PEREZ, Defendant-Appellant.

No. 13-11228

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 10, 2014.

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

*301Monica F. Markley, Federal Public Defender’s Office, Fort Worth, TX, Helen Miller Liggett, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Lubbock, TX, for Defendant-Appellant.

Before WIENER, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Raul Sanehez-Per-ez pleaded guilty to illegal reentry following deportation in violation of 8 U.S.C. § 1326. The district court sentenced Sanchez-Perez within the guidelines range to 50 months of imprisonment, to be followed by three years of supervised release. For the first time on appeal, Sanchez-Perez argues that the district court erred in imposing a term of supervised release in a case involving a deportable alien without providing fact-specific reasons for its decision to deviate from U.S.S.G. § 5D1.1(c)’s recommendation that supervised release not be imposed in such circumstances. We review this argument for plain error. See United States v. Dominguez-Alvarado, 695 F.3d 324, 327-28 (5th Cir.2012).

The district court retains the discretion to impose supervised release ip “uncommon cases [involving a deportable alien] where added deterrence and protection are needed.” Id. at 329. In sentencing Sanchez-Perez, the district court specifically stated that supervised release was imposed as an additional potential sanction should Sanchez-Perez attempt to return illegally. Consequently, Sanchez-Perez has shown no plain error on the part of the district court in imposing a term of supervised release. See id. at 329-30; see also United States v. Becerril-Pena, 714 F.3d 347, 349-51 (5th Cir.2013).

The judgment of the district court is AFFIRMED.

United States v. Sanchez-Perez
571 F. App'x 300

Case Details

Name
United States v. Sanchez-Perez
Decision Date
Jun 10, 2014
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571 F. App'x 300

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