USA v. Elicio Triana-Herrera, No. 15-10661 (5th Cir. 2016)

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Case: 15-10661 Document: 00513399683 Page: 1 Date Filed: 02/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10661 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 29, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ELICIO MENELAO TRIANA-HERRERA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-44-1 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Elicio Menelao Triana-Herrera (Triana) pleaded guilty of unlawful use of a counterfeit alien registration document, and the district court varied upward from the guidelines imprisonment range in sentencing him to a 20month term of imprisonment and to a three-year period of supervised release. Triana contends that the district court abused its discretion in overruling his objection to the substantive reasonableness of the above-guidelines sentence. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10661 Document: 00513399683 Page: 2 Date Filed: 02/29/2016 No. 15-10661 He asserts that the district court gave too much weight to remote and unscored prior convictions and inadequate consideration to his personal history and characteristics. The district court’s sentence did not unreasonably fail to reflect the statutory sentencing factors. See United States v. Smith, 440 F.3d 704, 708 (5th Cir. 2006). We will defer to the district court’s determination of the appropriate sentence. See United States v. Brantley, 537 F.3d 347, 349 (5th Cir. 2008). The judgment is AFFIRMED. 2

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