USA v. Javier Sanchez-Ramos, No. 16-41293 (5th Cir. 2017)
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Case: 16-41293 Document: 00514013866 Page: 1 Date Filed: 05/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41293 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 31, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER SANCHEZ-RAMOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-634-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * Defendant-Appellant Javier Sanchez-Ramos appeals the 75-month above-guideline sentence that the district court imposed when he pleaded guilty to being found in the United States after having previously been deported. Sanchez-Ramos argues that his sentence is substantively unreasonable because the district court made a clear error in judgment when it balanced the 18 U.S.C. § 3553(a) sentencing factors. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41293 Document: 00514013866 Page: 2 Date Filed: 05/31/2017 No. 16-41293 We ordinarily consider a challenge to the substantive reasonableness of a sentence “by examining the totality of the circumstances under an abuse of discretion standard.” United States v. Diaz Sanchez, 714 F.3d 289, 295 (5th Cir. 2013). When an error was not sufficiently preserved in the district court, however, we review for plain error only. See United States v. Ellis, 720 F.3d 220, 224-25 (5th Cir. 2013). The parties dispute which standard applies, but we need not resolve that issue. Despite Sanchez-Ramos’s assertions, there is no indication in the record that the district court failed to consider a factor that should have received significant weight, gave significant weight to an improper factor, or made a clear error in judgment in balancing the sentencing factors. See United States v. Fraga, 704 F.3d 432, 440-41 (5th Cir. 2013); Diaz Sanchez, 714 F.3d at 295. Although the court referred to the fact that his most recent conviction did not garner an enhancement, that was one of several aspects of Sanchez-Ramos’s criminal history that the court considered. Furthermore, the extent of any deviation was within the range of other sentences that we have affirmed. See United States v. Gutierrez, 635 F.3d 148, 155 n.34 (5th Cir. 2011) (collecting cases). Sanchez-Ramos has not demonstrated that the district court committed any error, plain or otherwise. See Fraga, 704 F.3d 432, 440-41. Accordingly, the judgment of the district court is AFFIRMED. 2
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