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. 2