United States v. Misael Figueroa Ocampo

Case: 15-20563 Document: 00513791324 Page: 1 Date Filed: 12/09/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-20563
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 9, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MISAEL FIGUEROA OCAMPO, also known as Misael Figueroa O’Campo, also
known as Misael Ocampo Figueroa,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-128-1
Before WIENER, CLEMENT, and GRAVES, Circuit Judges.
PER CURIAM: *
Defendant-Appellant Misael Figueroa Ocampo appeals the 36-month
below-Guidelines sentence he received after he pleaded guilty to illegal reentry
following an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and
(b)(2). Ocampo asserts that the sentence exceeds the mean and median
sentences for immigration offenses nationwide. He argues that the district
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: 15-20563 Document: 00513791324 Page: 2 Date Filed: 12/09/2016
No. 15-20563
court should have considered the remoteness of his prior conviction for robbery
causing injury, which was used to enhance his sentence, as well as his reason
for illegally entering this country.
Because Ocampo failed to object to the reasonableness of the sentence in
the district court, his sentence is reviewed for plain error only. See United
States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007). Ocampo fails to rebut
the presumption of correctness that we accord his below-guidelines sentence
and, therefore, fails to show plain error. See Puckett v. United States, 556 U.S.
129, 135 (2009); United States v. Simpson, 796 F.3d 548, 558 (5th Cir. 2015),
cert. denied, 136 S. Ct. 920 (2016); United States v. Gomez-Herrera, 523 F.3d
554, 565-66 (5th Cir. 2008).
AFFIRMED.
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