IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-40021

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GUADALUPE KARR-CORTES, also known as Guadalupe Karr-Cortez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:11-CR-955-1

Before WIENER, ELROD, and GRAVES, Circuit Judges.

PER CURIAM:*

Guadalupe Karr-Cortes appeals the sentence imposed following his guilty

plea conviction for being an alien found unlawfully present in the United States

following deportation. The district court sentenced Karr-Cortes to a fifty-one

month term of imprisonment to be followed by a three-year term of supervised

release. 

Karr-Cortes argues for the first time on appeal that the sentence was

procedurally and substantively unreasonable because the district court imposed

United States Court of Appeals

Fifth Circuit

F I L E D

January 4, 2013

Lyle W. Cayce

Clerk

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.

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No. 12-40021

a term of supervised release despite the Sentencing Guidelines’ direction that

“ordinarily” no term of supervised release should be imposed if the defendant is

a deportable alien. Contending that the sentence was procedurally

unreasonable, he asserts that the district court provided no explanation for

imposing a term of supervised release and did not provide him with notice of its

intent to depart from the guidelines range. 

Because he failed to raise this objection to his sentence in the district

court, our review is limited to plain error. See United States v.

Dominguez-Alvarado, 695 F.3d 324, 327 (5th Cir. 2012). To show plain error,

Karr-Cortes must show a forfeited error that is clear or obvious and that affects

his substantial rights. See Puckett v. United States, 556 U.S. 129, 135 (2009). 

If he makes such a showing, this court has the discretion to correct the error but

only if it seriously affects the fairness, integrity, or public reputation of judicial

proceedings. Id.

The term of supervision imposed on Karr-Cortes was within the statutory

and guidelines range for his offense of conviction; therefore, it did not trigger a

“departure analysis.” See Dominguez-Alvarado, 695 F.3d at 329. Karr-Cortes’s

contention that the district court was required to give notice of its departure

from the guidelines thus fails. See id.

Our review of the record reveals that the district court considered relevant

facts that justified the term of supervised release. The addendum to the

presentence report alerted the court to the 2011 amendment to U.S.S.G.

§ 5D1.1(c), and the court considered the information in the presentence report

along with the arguments of the parties as to the need for deterrence and the

protection of the public, both factors relevant to a determination whether to

impose a term of supervised release. See Dominguez-Alvarado, 695 F.3d at 329;

see also United States v. Gomez-Herrera, 523 F.3d 554, 565 (5th Cir. 2008). 

Karr-Cortes has not shown that the district court committed reversible plain

error in imposing the supervised release term. See Puckett, 556 U.S. at 135.

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No. 12-40021

Karr-Cortes’s argument that his sentence of supervised release is

substantively unreasonable is also without merit. Because the supervised

release term was within the guideline range, the court applies a presumption of

reasonableness and infers that the district court considered all pertinent

sentencing considerations in imposing the sentence. See United States v. Mares,

402 F.3d 511, 519 (5th Cir. 2005). Karr-Cortes has not demonstrated, under the

applicable plain error standard, that his sentence was substantively

unreasonable. Puckett, 556 U.S. at 135.

The sentence is AFFIRMED.

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