United States v. Hober Acosta-Navarro

Case: 18-60564 Document: 00515029941 Page: 1 Date Filed: 07/11/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60564 FILED July 11, 2019 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff - Appellee v. HOBER ACOSTA-NAVARRO, Defendant - Appellant Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:18-CR-81-1 Before KING, ELROD, and ENGELHARDT, Circuit Judges. PER CURIAM:* After Hober Acosta-Navarro pleaded guilty to illegal reentry, the district court sentenced him to 18 months’ imprisonment followed by a 3-year term of supervised release. Acosta-Navarro challenges the imposition of supervised release generally and two special conditions of supervised release. For the following reasons, we AFFIRM the judgment of the district court in part and VACATE in part. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-60564 Document: 00515029941 Page: 2 Date Filed: 07/11/2019 No. 18-60564 I. In 2018, Mississippi law-enforcement officers arrested Hober Acosta- Navarro, a Honduran citizen without authorization to be in the United States, for fishing without a license. Immigration and Customs Enforcement agents found Acosta-Navarro while he was detained and arrested him for illegally reentering the United States after having been previously deported. Acosta- Navarro later pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326. Prior to this arrest, Acosta-Navarro had been convicted of possession with intent to distribute cocaine and was deported. Acosta-Navarro reentered the United States and was convicted of illegal reentry in 2010, after which he was deported again. Based on his total offense level of 13 and criminal history category of III, the presentence report (“PSR”) concluded that Acosta-Navarro’s U.S. Sentencing Guidelines (“Guidelines”) range of imprisonment was 18 to 24 months and the Guidelines range for supervised release was 1 to 3 years. The PSR also noted that per U.S. Sentencing Guidelines Manual § 5D1.1(c) (U.S. Sentencing Comm’n 2016), “[t]he court ordinarily should not impose a term of supervised release in a case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.” Acosta-Navarro did not object to the PSR. The district court adopted the PSR’s findings and conclusions. At the sentencing hearing, the district court sentenced Acosta-Navarro to 18 months’ imprisonment followed by a 3-year term of supervised release. The district court also imposed special conditions on the supervised release, two of which are at issue here: while on supervised release, Acosta-Navarro must (1) participate in alcohol or drug-abuse testing or treatment as directed by the probation office, and (2) submit his property, including his “electronic communications devices” to a search by a probation officer if the officer has a 2 Case: 18-60564 Document: 00515029941 Page: 3 Date Filed: 07/11/2019 No. 18-60564 “reasonable suspicion” that Acosta-Navarro has violated a condition of his supervision. ...

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