Petition for Writ of Certiorari — Pablo Jacobo Felix-Samaniego, Petitioner v. United States

PETITION APPENDIX

Case: 24-10283

Document: 83-1

Page: 1

Date Filed: 03/12/2025

United States Court of Appeals

for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 24-10283

consolidated with

No. 24-10284

Summary Calendar

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FILED

March 12, 2025

Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Pablo Jacobo Felix-Samaniego,

Defendant—Appellant.

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Appeals from the United States District Court

for the Northern District of Texas

USDC Nos. 5:19-CR-114-1, 5:23-CR-96-1

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Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: *

Pablo Jacobo Felix-Samaniego appeals his within-guidelines sentence

of eight months of imprisonment imposed upon revocation of a prior term of

supervised release. He also appeals a separate within-guidelines sentence of

48 months of imprisonment and three years of supervised release, which the

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

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Case: 24-10283

Document: 83-1

Page: 2

Date Filed: 03/12/2025

24-10283

c/w No. 24-10284

district court imposed following his guilty plea conviction for illegal reentry

after deportation, in violation of 8 U.S.C. § 1326. Felix-Samaniego contends

that the district court imposed substantively unreasonable sentences by

failing to account for a factor that should have received significant weight.

Because Felix-Samaniego’s claim cannot succeed even under the more

lenient standard of review, see United States v. Burney, 992 F.3d 398, 399-400

(5th Cir. 2021), this court can pretermit any issues concerning whether he

properly preserved his claim in the district court, see United States v.

Rodriguez, 523 F.3d 519, 525 (5th Cir. 2008).

Sentences, as here, that are within the advisory guidelines range are

presumed to be substantively reasonable. See United States v. MondragonSantiago, 564 F.3d 357, 360 (5th Cir. 2009); United States v. Badgett, 957 F.3d

536, 541 (5th Cir. 2020) (regarding revocation sentences). Felix-Samaniego

fails to rebut that presumption by showing that his sentences do not account

for a factor that should have received significant weight. See United States v.

Romans, 823 F.3d 299, 313-14 (5th Cir. 2016). Accordingly, the judgments of

the district court are AFFIRMED.

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