October 08th, 2020

US Court of Appeals for the Fifth Circuit Opinions
United States v. Hinojosa-Almance

Docket: 19-50942
Opinion Date: October 7, 2020
Judge: Higginbotham
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to marijuana trafficking offenses. Defendant received two concurrent, within Guidelines sentences of 27 months. The court held that the district court did not reversibly err in denying a sentencing adjustment for acceptance of responsibility under USSG 3E1.1(a). Even without considering defendant's pretrial release violations, the court concluded that his driving while intoxicated supports the district court's decision. The court also held that defendant's sentence was substantively reasonable where the district court considered the 18 U.S.C. 3553(a) factors and the district court did not abuse its discretion in sentencing defendant.

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