USA v. Jose Ornelas-Ledezma, No. 12-40350 (5th Cir. 2013)

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Case: 12-40350 Document: 00512151168 Page: 1 Date Filed: 02/21/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40350 Summary Calendar February 21, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ALFREDO ORNELAS-LEDEZMA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:11-CR-937-1 Before JONES, DENNIS and HAYNES, Circuit Judges. PER CURIAM:* This appeal, in which the appellant may be released from prison as early as February 26 after serving an 18-month within guidelines sentence for illegal reentry, represents the triumph of hope over practicality. As the defendant s brief noted in its statement regarding oral argument, the case is likely to be resolved by the appeal in United States v. Domingo-Alvarado, 695 F.3d 324 (5th Cir. 2012), and indeed it is. Defendant raises on appeal for the first time whether the trial court should have explained why it was imposing supervised * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40350 Document: 00512151168 Page: 2 Date Filed: 02/21/2013 No. 12-40350 release notwithstanding the hortatory language in recent official Commentary to the Guidelines. See U.S.S.G. § 5D1.1, comment (n.5)(Nov. 1, 2011). Defendant argues that the imposition of a putative three year term of supervised release on him is procedurally and substantively unreasonable. For the same reasons that motivated the court in Domingo-Alvarado, and our even more recent opinion in United States v. Garcia-Lemus, No. 12-40353 (January 28, 2013)(unpublished), we find no plain error. See Puckett v. United States, AFFIRMED. 556 U.S. 129, 135 (2009). 2

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