# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 50724

**United States of America,**
Plaintiff

— Appellee **,**

versus

**Victor Ines Rosales**

**- Ramirez,**  Defendant

— Appellant **,**

**consolidated with**

**_____________**
N o

. **21**

**- 50741** 

**_____________ United States of America,** 
Plaintiff

— Appellee **,**

versus

**Victor Rosales**

**- Ramirez,** 
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21

- CR

- 272

- 1 United States Court of Appeals Fifth Circuit 

### FILED April 12, 2022 Lyle W. Cayce Clerk Case: 21-50724 Document: 00516277136 Page: 1 Date Filed: 04/12/2022No. 21

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- 50741

2 Before **Wiener, Dennis,** and **Haynes** , Circuit Judges

**. Per Curiam**  **:** *

Victor Rosales

- Ramirez pleaded guilty to a charge of illegally reentering the United States after removal. See 8 U.S.C. § 1326. 1 On appeal, Rosales challenges only one of his standard supervised release conditions. He concedes that the district court e xpressly stated that the supervised release it ordered was subject to “[t]he standard and mandatory conditions of supervision

. ” Because he did not object, he also concedes that our standard of review is for plain error which requires, among other things, that he show that “the legal error [was] clear or obvious

. ” Puckett v. United States , 556 U.S. 129, 135 (2009). We agree with his concessions

. The Western District of Texas, where he was sentenced, has a set of standard conditions including number 12 as follows: If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the r isk and the defendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. Rosales contends that this standard condition constitutes an impermissible delega tion of judicial authority to the probation officer which, in other

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4.

1 Rosales ’s supervised release f or a prior conviction was revoked . However, he fails to raise any issue regarding any aspect of that revocation, so he has waived any issue on that
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3 situations, we have found to be erroneous. See, e.g. , United States v. Franklin , 838 F.3d 564, 568 (5th Cir. 2016). As Rosales admits, however, we have not addressed this standard condi tion. As a result, o ur court recently held that imposition of this standard condition is not plain error. See United States v. Henderson , ___ F.4th ___, No. 21

- 50526, 2022 WL 871882, 2 (5th Cir. Mar. 24, 2022). Accordingly, we conclude that Rosales cann ot prevail.

**AFFIRMED.** Case: 21-50724 Document: 00516277136 Page: 3 Date Filed: 04/12/2022