Case: 19-20877 Document: 00515513450 Page: 1 Date Filed: 08/03/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-20877 August 3, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. RENE FEDERICO REYNOSO-ESCUADRA, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-617-1 Before STEWART, CLEMENT, and COSTA, Circuit Judges. PER CURIAM:* Rene Federico Reynoso-Escuadra pleaded guilty to one count of illegal re-entry and was sentenced to a statutory maximum twenty-four month term of imprisonment. He appeals his sentence as substantively unreasonable, arguing that the district court relied too heavily on his prior deportations that did not result in criminal prosecutions and on his prior arrests that did not result in criminal convictions. We affirm. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-20877 Document: 00515513450 Page: 2 Date Filed: 08/03/2020 No. 19-20877 I. Background Reynoso-Escuadra, a Mexican citizen, was first removed from the United States for being in the country without lawful immigration status on February 18, 2005. He was subsequently removed seven more times, with his most recent deportation occurring on September 30, 2018. In June 2019, Reynoso-Escuadra was stopped while driving a vehicle in Fort Bend County, Texas. Based on the fact that he had been previously removed and still lacked lawful permission to be in the United States, a grand jury indicted him on one count of illegal re-entry in violation of 8 U.S.C. § 1326(a). Reynoso-Escuadra pleaded guilty to the single-count indictment. The Presentence Investigation Report (“PSR”) relied on the United States Sentencing Commission’s 2018 Guidelines Manual to calculate Reynoso-Escuadra’s applicable guidelines range. The PSR calculated a total offense level of six: a base level of eight with two points deducted for acceptance of responsibility. The PSR then detailed Reynoso-Escuadra’s previous convictions, which included: (1) a 2003 conviction for being under the influence of a controlled substance; (2) a 2003 conviction for taking a vehicle without the owner’s consent; (3) a 2004 conviction for obstructing a public officer; (4) a 2011 conviction for “corporal injury” to a spouse or cohabitant; and (5) a 2011 conviction for unlawfully using a firearm, being under the influence of a controlled substance with a firearm, and driving with a suspended or revoked driver’s license. Based on these convictions, the PSR calculated Reynoso- Escuadra’s criminal history score as four, which put him in criminal history category III for guidelines purposes. With a total offense level of six and a criminal history category of III, the PSR computed the applicable guidelines range as two to eight months of imprisonment. 2 Case: 19-20877 Document: 00515513450 Page: 3 Date Filed: 08/03/2020 No. 19-20877 The PSR then went on to describe “other criminal conduct” and “other arrests,” historical information that did not factor ...
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