United States v. Chavez-Arzu
── United States v. Chavez-Arzu ──
Court: Court of Appeals for the Fifth Circuit
Date: May 06, 2026
Category: Direct Criminal
Case: 25-30441 Document: 69-1 Page: 1 Date Filed: 05/06/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
May 6, 2026
No. 25-30441 Lyle W. Cayce
Summary Calendar Clerk
____________
United States of America,
Plaintiff—Appellee,
versus
Jose Chavez-Arzu,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:25-CR-36-1
______________________________
Before Higginbotham, Engelhardt, and Ramirez, Circuit
Judges.
Per Curiam: *
After pleading guilty to illegal reentry, Jose Chavez-Arzu was
sentenced above the guidelines range to 36 months of imprisonment. He now
argues that his sentence is procedurally and substantively unreasonable
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-30441 Document: 69-1 Page: 2 Date Filed: 05/06/2026
No. 25-30441
because, in imposing sentence, the district court referred to unprosecuted
conduct, erroneously relying on bare arrest records.
The record demonstrates that the district court’s consideration of
Chavez-Arzu’s pending Louisiana and New York charges did not loom large
over the sentencing compared to other factors. Consequently, Chavez-Arzu
has not demonstrated that his substantial rights were affected by any
purported error. See United States v. Escalante-Reyes, 689 F.3d 415, 424 (5th
Cir. 2012) (en banc).
Chavez-Arzu has likewise failed to demonstrate that the district court
plainly erred by failing to adequately explain its chosen sentence. The court’s
explanation was sufficient to show that it had a reasoned basis for exercising
its own legal decision-making authority. See Rita v. United States, 551 U.S.
338, 356 (2007). Even were that not so, Chavez-Arzu does not argue, and the
record does not indicate, that a more detailed explanation would have
resulted in a lesser sentence. See United States v. Mondragon-Santiago, 564
F.3d 357, 365 (5th Cir. 2009). Similarly unavailing is his newly raised
challenge to the supervised release condition requiring that supervision be
suspended upon his deportation. In the absence of any precedent from this
circuit that the condition exceeds the district court’s statutory authority,
Chavez-Arzu fails to demonstrate clear or obvious error. See United States v.
Fields, 777 F.3d 799, 805 (5th Cir. 2015); see also United States v. Evans, 892
F.3d 692, 704 (5th Cir. 2018).
AFFIRMED.
2
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}