United States v. Victor Salas ( 2020 )

Case: 18-20741 Document: 00515559306 Page: 1 Date Filed: 09/10/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 10, 2020
No. 18-20741
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Victor Delacruz Salas, also known as Jose Soto-Jimenez,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CR-325-l
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Defendant-Appellant Victor Delacruz Salas appeals his sentence
following his guilty plea conviction of illegal reentry after deportation in
violation of 8 U.S.C. § 1326. He argues that there is an impermissible conflict
between the oral pronouncement of sentence and the written judgment,
*
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not be published and is not precedent except under the limited circumstances set forth in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: 18-20741 Document: 00515559306 Page: 2 Date Filed: 09/10/2020
No. 18-20741
which included a surrender condition as a special condition of supervised
release.
Salas did not have a meaningful opportunity to object in the district
court. See United States v. Diggles, 957 F.3d 551, 559-63 (5th Cir. 2020) (en
banc). Consequently, review is for an abuse of discretion. See United States
v. Rivas-Estrada, 906 F.3d 346, 348-50 (5th Cir. 2018).
The record in this case reflects that the district court intended for
Salas to be deported following his prison term. See United States v. Vasquez-
Puente, 922 F.3d 700, 703-05 (5th Cir. 2019). The surrender condition was
consistent with this intent and did not “broaden[] the restrictions or
requirements of supervised release from the oral pronouncement.” Id. at 705
(internal quotation marks, brackets, and citation omitted). Consequently,
the district court did not abuse its discretion by including the surrender
condition in the written judgment. See id.
The judgment of the district court is AFFIRMED.
2