United States v. Sanchez-Hernandez, No. 18-40211 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to illegal reentry into the United States after being previously removed. The court held that defendant failed to prove error affecting his substantial rights where nothing about the classification of his prior sex offenses altered the district court's focus on his contumacy. The district court determined that defendant's earlier conviction failed to deter defendant, because he quickly reentered the United States after his most recent illegal reentry conviction. In this case, the district court never cited the sexual assault convictions in explaining its chosen sentence. Rather, the district court's explanation made clear that the judge based the sentence on factors independent of the Guidelines.