United States v. Cirilo Carrizalez-Rodriguez , 583 F. App'x 324 ( 2014 )

Case: 14-50088 Document: 00512807892 Page: 1 Date Filed: 10/20/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-50088
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 20, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CIRILO CARRIZALEZ-RODRIGUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:13-CR-327-1
Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit
Judges.
PER CURIAM: *
Cirilo Carrizalez-Rodriguez (Carrizalez) appeals the below-guidelines
sentence imposed following his guilty plea conviction for illegal reentry. He
argues, for the first time on appeal, that the sentence is substantively
unreasonable because it is greater than necessary to satisfy the objectives of
sentencing. Because Carrizalez failed to object in the district court to the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50088 Document: 00512807892 Page: 2 Date Filed: 10/20/2014
No. 14-50088
reasonableness of the sentence, review is for plain error. See Puckett v. United
States, 556 U.S. 129, 135 (2009); United States v. Peltier, 505 F.3d 389, 391-92
(5th Cir. 2007).
Carrizalez’s disagreement with the sentence imposed does not suffice to
rebut the presumption of reasonableness that attaches to the below-guidelines
sentence. See United States v. Murray, 648 F.3d 251, 258 (5th Cir. 2011);
United States v. Ruiz, 621 F.3d 390, 398 (5th Cir. 2010). Consequently,
Carrizalez has not demonstrated error, plain or otherwise. See Puckett, 556
U.S. at 135.
AFFIRMED.
2