United States v. Gomez-Herrera
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 13, 2026
Docket26-50177
StatusUnpublished
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Full Opinion
Case: 26-50177 Document: 65-1 Page: 1 Date Filed: 11/13/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-50177 November 13, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Cristian Samael Gomez-Herrera,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:25-CR-2228-1
______________________________
Before Haynes, Graves, and Ramirez, Circuit Judges.
Per Curiam: *
Cristian Samael Gomez-Herrera challenges the substantive
reasonableness of his 12-month, above-guidelines prison sentence for illegal
reentry. He contends that the district court gave insufficient weight to the
guidelines range and afforded too much weight to factors already taken into
account by the Sentencing Guidelines, including his minimal criminal
history, quick return to the country, and postplea conduct. Gomez-Herrera
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-50177 Document: 65-1 Page: 2 Date Filed: 11/13/2026
No. 26-50177
contends that the district court clearly erred in balancing the sentencing
factors and created a sentencing disparity that the Guidelines were created to
avoid.
We review for abuse of discretion and conclude that Gomez-Herrera
does not show that the above-guidelines sentence imposed by the district
court fails to account for a factor that should have received significant weight,
gives significant weight to an irrelevant or improper factor, or represents a
clear error of judgment in balancing the sentencing factors. See United States
v. Fraga, 704 F.3d 432, 439-41 (5th Cir. 2013); see also 18 U.S.C. § 3553(a);
United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
AFFIRMED.
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