United States v. Omar Lara-Espinoza
488 F. App'x 833
5th Cir.2012Background
- Lara-Espinoza, a Mexican citizen, pleaded guilty to unlawfully remaining in the U.S. after removal in a single-count indictment.
- The PSR calculated a total offense level of 21, criminal history category II, yielding a Guidelines range of 46–57 months.
- The PSR noted that the applicable range for supervised release was at least two and at most three years.
- Effective November 1, 2011, § 5D1.1 was amended to include § 5D1.1(c), advising courts not to impose supervised release for deportable aliens likely to be deported after imprisonment.
- The amended commentary explains that supervised release may be imposed if it provides an added deterrence and protection, subject to case-specific facts.
- The district court sentenced Lara-Espinoza to 50 months’ imprisonment followed by three years of supervised release, adopting the PSR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by applying the wrong Guidelines subsection. | Lara-Espinoza contends error occurred by applying § 5D1.1 that was superseded. | Lara-Espinoza’s argument asserts plain error in guideline application at sentencing. | No reversible error; district court’s error was clear but harmless. |
| Whether the error affected Lara-Espinoza’s substantial rights. | Error impacted the fairness of sentencing due to wrong guideline basis. | Amended commentary was considered at sentencing, mitigating effect of the error. | No substantial rights affected; sentence affirmed. |
Key Cases Cited
- United States v. Olano, 507 U.S. 725 (1993) (plain-error standard and correction considerations)
- United States v. Infante, 404 F.3d 376 (5th Cir. 2005) (plain-error review framework in Fifth Circuit)
- Puckett v. United States, 556 U.S. 129 (2009) (necessity of correcting plain errors to avoid miscarriage of justice)
- United States v. Martin, 596 F.3d 284 (5th Cir. 2010) (sentencing under guidelines in effect at time of sentencing)
- United States v. Gaither, 494 F. App’x 393 (5th Cir. 2011) (application of in-effect guideline at time of sentencing; unpublished but official reporter)