United States v. Rodriguez-Saldana, No. 19-50949 (5th Cir. 2020)
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The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to felony illegal reentry. In this case, defendant was in the United States to receive necessary eye surgery. Defendant contends that the prospect that he would receive surgery while in prison was a "dominant factor" in the sentence imposed, which would be improper under the Supreme Court's decision in Tapia v. United States, 564 U.S. 319, 332 (2011).
In reviewing for clear and obvious error, the court did not find enough indication that the district court extended defendant's sentence to allow him time to have eye surgery. The court held that the district court's statements as to the possible availability of eye surgery are not clear error, nor is the district court's recommendation that defendant be sent to a specific medical facility.
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