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. 2