IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-11300

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GEORGE CORTEZ, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:18-CR-122-1

Before WIENER, HAYNES, and COSTA, Circuit Judges.

PER CURIAM:*

Defendant-Appellant George Cortez, Jr., challenges the 36-month 

sentence of imprisonment imposed following the revocation of supervised 

release for his 2008 conviction for conspiracy to possess with intent to 

manufacture and distribute methamphetamine. Cortez contends that his 

sentence, which exceeded the range provided in the policy statements of the 

Sentencing Guidelines, is procedurally and substantively unreasonable.

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 23, 2019

Lyle W. Cayce

Clerk

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No. 18-11300

2

Revocation sentences generally are reviewed under 18 U.S.C. § 3742(a)’s 

“plainly unreasonable” standard. United States v. Miller, 634 F.3d 841, 843 

(5th Cir. 2011). Because Cortez failed to object on the procedural 

reasonableness grounds he asserts on appeal, we review those arguments for 

plain error. See United States v. Dunigan, 555 F.3d 501, 506 (5th Cir. 2009). 

Under a plain error standard, Cortez must show a forfeited error that is clear 

or obvious and that affected his substantial rights. See Puckett v. United 

States, 556 U.S. 129, 135 (2009). We have discretion to correct such an error, 

but will do so only if it seriously affects the fairness, integrity, or public 

reputation of judicial proceedings. Id.

The record shows that the district court was aware of the advisory range, 

that it implicitly considered that range, and that it stated that it had 

considered all relevant § 3553 factors. See United States v. Smith, 440 F.3d 

704, 707 (5th Cir. 2006). The record also shows that the district court heard 

Cortez’s mitigation arguments and even discussed some of them with the 

parties, but it found those arguments insufficient to excuse Cortez’s continued 

violation of the conditions of supervised release. See United States v. Fraga,

704 F.3d 432, 438-39 (5th Cir. 2013). Finally, the district court sufficiently 

explained the chosen sentence because its statements, in the context of the 

entire hearing, show that it evaluated the various sentencing arguments and 

based the sentence on Cortez’s repeated failure to comply with the conditions 

of his supervised release. See United States v. Diaz Sanchez, 714 F.3d 289, 294 

(5th Cir. 2013). Cortez has not shown that the district court plainly erred or 

that his sentence is procedurally unreasonable.

We review the substantive reasonableness of the sentence for “an abuse 

of discretion, examining the totality of the circumstances.” United States v. 

Warren, 720 F.3d 321, 332 (5th Cir. 2013). Although Cortez’s 36-month 

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sentence exceeds the policy statement range of 7 to 13 months, it is within the 

statutory maximum of 60 months. “We have routinely affirmed revocation

sentences exceeding the advisory range, even where the sentence equals the 

statutory maximum.” Id. (internal quotation marks and citation omitted). 

Cortez has not shown that the district court failed to account for a factor that 

should have received significant weight, gave significant weight to any 

irrelevant or improper factors, or clearly erred in balancing the sentencing 

factors. See id. Accordingly, Cortez has not established that the district court 

abused its discretion or that his sentence is substantively unreasonable.

The judgment is AFFIRMED.

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