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United States v. Carrizal — Fifth Circuit affirms above-guidelines illegal-reentry sentence and consecutive revocation term

Unreported / Non-Citable

Case
United States of America v. Edson Alexis Carrizal
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Catharina Haynes (George W. Bush, 2008); James E. Graves Jr. (Barack Obama, 2011); Irma Carrillo Ramirez (Joe Biden, 2023)
Date Decided
October 7, 2026
Docket No.
25-50878 consolidated with 25-50880
Topics
Illegal Reentry; Sentencing; Upward Variance; Supervised Release
Source
Read the full opinion

Background

Edson Alexis Carrizal pleaded guilty to illegal reentry into the United States under 8 U.S.C. § 1326. The district court imposed an above-guidelines sentence of 72 months in prison.

Carrizal was also serving supervised release from a prior illegal-reentry offense. The district court revoked that supervised release and imposed an additional 14-month prison term, to run consecutively to the 72-month sentence. Carrizal challenged the procedural and substantive reasonableness of the illegal-reentry sentence and the substantive reasonableness of the revocation sentence.

The Court’s Holding

The Fifth Circuit affirmed the 72-month sentence. Reviewing Carrizal’s procedural challenge for plain error, the court held that the district court adequately explained the upward variance by identifying appropriate sentencing factors under 18 U.S.C. § 3553(a) and giving reasons tied to those factors.

The court also held that the above-guidelines sentence was substantively reasonable because Carrizal did not show that the district court overlooked a factor deserving significant weight, relied heavily on an irrelevant or improper factor, or clearly erred in balancing the sentencing factors. Applying the two-step “plainly unreasonable” standard to the revocation sentence, the court likewise upheld the consecutive 14-month term.

Key Takeaways

  • A district court adequately explains an upward variance when it identifies appropriate § 3553(a) factors and connects its reasons to those factors.
  • A defendant challenging substantive reasonableness must show a significant omission, reliance on an improper factor, or a clear error in balancing the sentencing considerations.
  • The Fifth Circuit found the consecutive 14-month supervised-release revocation sentence was not plainly unreasonable.

Why It Matters

The decision illustrates the deference appellate courts give sentencing judges when an above-guidelines sentence is supported by reasons tied to the statutory sentencing factors. It also confirms that a consecutive revocation term may stand under the Fifth Circuit’s deferential “plainly unreasonable” standard.

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