Full Opinion

Case: 26-40006 Document: 48-1 Page: 1 Date Filed: 10/28/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-40006 October 28, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk United States of America, Plaintiff—Appellee, versus Jesus Felipe Hernandez Rangel, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:25-CR-1717-3 ______________________________ Before Higginbotham, Smith, and Ho, Circuit Judges. Per Curiam:* Jesus Felipe Hernandez Rangel appeals the 87-month sentence imposed upon his guilty plea conviction for conspiracy to transport aliens within the United States in a manner which placed the life of a person in jeopardy. He argues that the district court erroneously applied a four-level enhancement because a handgun was brandished in the offense, see U.S.S.G. § 2L1.1(b)(5)(B), and a four-level enhancement because one of the illegal * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-40006 Document: 48-1 Page: 2 Date Filed: 10/28/2026 No. 26-40006 aliens being transported was an unaccompanied minor, see U.S.S.G. § 2L1.1(b)(4). The first issue, but not the second issue, raised by Hernandez Rangel was preserved because he raised it in the district court. United States v. Zuniga, 720 F.3d 587, 589–90 (5th Cir. 2013). We review his second issue only for plain error. United States v. Ramirez, 37 F.4th 233, 235 (5th Cir. 2022). The facts recited in the presentence report bore sufficient indicia of reliability to support their accuracy, and as they were unrebutted by Hernandez Rangel, the district court was entitled to rely upon them. See United States v. Fuentes, 775 F.3d 213, 220 (5th Cir. 2014); United States v. Alaniz, 726 F.3d 586, 619 (5th Cir. 2013). We conclude that Hernandez Rangel has failed to show that the district court clearly erred in applying the § 2L1.1(b)(5)(B) or the § 2L1.1(b)(4) enhancements. See U.S.S.G. § 1B1.3(a)(1)(B); U.S.S.G. § 2L1.1(b)(4) and (b)(5)(B); United States v. Corona-Montano, 168 F.4th 349, 350 (5th Cir. 2026); United States v. Gutierrez-Mendez, 752 F.3d 418, 427–29 (5th Cir. 2014); United States v. Cisneros-Gutierrez, 517 F.3d 751, 764–66 (5th Cir. 2008). AFFIRMED. 2