USA v. Hipolito Segura-Sanchez, No. 15-50337 (5th Cir. 2016)

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Case: 15-50337 Document: 00513734481 Page: 1 Date Filed: 10/26/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 15-50337 Summary Calendar October 26, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HIPOLITO SEGURA-SANCHEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:14-CR-1709-1 Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * Hipolito Segura-Sanchez appeals the 12-month sentence imposed following the revocation of his supervised release on the grounds that it is procedurally and substantively unreasonable. Review is for plain error because Segura-Sanchez did not object. See United States v. Whitelaw, 580 F.3d 256, 259–60 (5th Cir. 2009). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 15-50337 Document: 00513734481 Page: 2 Date Filed: 10/26/2016 No. 15-50337 Segura-Sanchez fails to demonstrate any error, plain or otherwise. A district court does not procedurally err by weighing some 18 U.S.C. § 3553(a) factors more heavily than others. See United States v. Hernandez, 633 F.3d 370, 375–76 (5th Cir. 2011). His argument fails to rebut the presumption of reasonableness that applies to his consecutive, within-guidelines sentence. See United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008); United States v. Candia, 454 F.3d 468, 473 (5th Cir. 2006); U.S.S.G. § 7B1.3(f) & cmt. n.4. The judgment of the district court is AFFIRMED. 2

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