United States v. Marquez-Cisneros
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 9, 2026
Docket26-50037
StatusUnpublished
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Full Opinion
Case: 26-50037 Document: 58-1 Page: 1 Date Filed: 11/09/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-50037 November 9, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Sonia Guadalupe Marquez-Cisneros,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:25-CR-1538-1
______________________________
Before Higginbotham, Smith, and Ho, Circuit Judges.
Per Curiam: *
Sonia Guadalupe Marquez-Cisneros challenges the substantive
reasonableness of the above-guidelines sentence imposed following her guilty
plea conviction for illegal reentry after removal.
We conclude that the district court did not abuse its discretion in
sentencing Marquez-Cisneros to 36 months of imprisonment. See United
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-50037 Document: 58-1 Page: 2 Date Filed: 11/09/2026
No. 26-50037
States v. Woods, 102 F.4th 760, 765–67 (5th Cir. 2024). Although Marquez-
Cisneros contends that the district court did not give enough weight to the
guidelines range, the district court was “free to conclude” that the guidelines
range gave too little weight to Marquez-Cisneros’s criminal history. United
States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (citation
omitted). Moreover, the court did consider the mitigating circumstances
raised by Marquez-Cisneros, but it reasonably decided to vary upwards
despite those factors based on Marquez-Cisneros’s criminal history and her
risk of recidivism. See Woods, 102 F.4th at 765–66. Finally, the extent of the
upward variance here is well within the range of other upward variances we
have affirmed. See id. at 764–67; United States v. Herrera-Garduno, 519 F.3d
526, 531–32 (5th Cir. 2008).
AFFIRMED.
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