United States v. Hernandez Rangel
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 28, 2026
Docket26-40006
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
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