United States v. Rivas Martinez — Fifth Circuit affirmed an above-Guidelines illegal-reentry sentence

Case
United States of America v. Mario Alejandro Rivas Martinez
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Willett; Duncan; Engelhardt
Date Decided
October 29, 2026
Docket No.
26-50141
Topics
Criminal Law; Sentencing; Illegal Reentry
Source
Read the full opinion

Background

Mario Alejandro Rivas Martinez, also known as Roy Rivas-Palma, pleaded guilty to one count of illegal reentry into the United States.

The advisory Sentencing Guidelines range was 18 to 24 months, but the district court imposed a 36-month prison sentence. Rivas Martinez timely appealed, arguing that the above-Guidelines sentence was substantively unreasonable.

The Court’s Holding

The Fifth Circuit affirmed, applying abuse-of-discretion review. The court explained that a deviation from the Guidelines range does not, by itself, make a sentence substantively unreasonable.

The district court imposed the higher sentence because it found that the Guidelines calculation insufficiently represented Rivas Martinez’s criminal history. Because a sentencing court may determine that the applicable Guidelines range gives too much or too little weight to a relevant factor, the Fifth Circuit held that the district court did not abuse its discretion.

Key Takeaways

  • An above-Guidelines sentence is not substantively unreasonable merely because it departs from the advisory range.
  • A district court may conclude that the Guidelines inadequately account for a defendant’s criminal history.
  • The Fifth Circuit upheld the increase from an 18-to-24-month range to a 36-month sentence.

Why It Matters

The decision reinforces district courts’ discretion to impose above-Guidelines sentences when the advisory calculation does not adequately reflect a defendant’s criminal history. A defendant challenging such a variance must show an abuse of discretion, not simply point to the size or existence of the deviation.

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