IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50786

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MANUEL ALONZO-LLANAS,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:12-CR-98-1

Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Manuel Alonzo-Llanas pleaded guilty to one count of illegal reentry. The

district court sentenced him to 60 months in prison, within the guidelines range

of 57 to 71 months, to be followed by three years of supervised release. AlonzoLlanas appeals, contending that the district court erred by imposing supervised

release in light of § 5D1.1(c) of the United States Sentencing Guidelines. As he

concedes, because he did not object in the district court, our review is for plain

United States Court of Appeals

Fifth Circuit

F I L E D

September 6, 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. 12-50786

error. See United States v. Dominguez-Alvarado, 695 F.3d 324, 327-28 (5th Cir.

2012). For the following reasons, we affirm.

Section 5D1.1(c), which took effect before Alonzo-Llanas was sentenced,

provides that a court ordinarily should not impose supervised release if it is not

statutorily required and the defendant is a deportable alien who likely will be

deported following imprisonment. The court retains discretion to impose

supervised release if it would “provide an added measure of deterrence and

protection based on the facts and circumstances of a particular case.” § 5D1.1,

comment. (n.5); Dominguez-Alvarado, 695 F.3d at 328. Although stating that it

relied on the 2011 Guidelines Manual, which contains § 5D1.1(c), the

presentence report cited the prior version of § 5D1.1. There is no indication that

the district court was aware of or considered § 5D1.1(c). Thus, we agree with

Alonzo-Llanas that the district court committed error and that the error was

clear or obvious. See United States v. Cancino-Trinidad, 710 F.3d 601, 606 (5th

Cir. 2013).

Alonzo-Llanas must also show an effect on his substantial rights, i.e., that

there is a reasonable probability that, but for the error, the district court would

not have imposed a supervised release term. See Cancino-Trinidad, 710 F.3d at

606. His criminal history, which included two convictions for aggravated assault

with a deadly weapon, support a conclusion that supervised release will provide

added protection. See § 5D1.1, comment. (n.5); Cancino-Trinidad, 710 F.3d at

606. Further, there is no indication in the record whether the district court

likely would have reached a different result if it had been applying the correct

version of the Guideline. See, e.g., United States v. Mares, 402 F.3d 511, 521-22

(5th Cir. 2005) (employing similar analysis in context of sentencing under

mandatory rather than advisory guidelines regime). These facts weigh against

a conclusion that Alonzo-Llanas’s substantial rights were affected. 

We need not reach that issue, however, as we conclude that even if the

first three prongs of the plain error test are satisfied, the error does not seriously

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No. 12-50786

affect the fairness, integrity, or public reputation of judicial proceedings. See

Puckett v. United States, 556 U.S. 129, 135 (2009). The district court had

discretion to impose supervised release, notwithstanding § 5D1.1(c)’s guidance

against it. See Dominguez-Alvarado, 695 F.3d at 329. In addition, AlonzoLlanas will not be subject to supervision if he does not return to this country

illegally, which he promised the district court he would not do. Thus, the error

does not warrant the exercise of our discretion to correct it.

AFFIRMED.

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