United States v. Heydari

United States Court of Appeals
for the Fifth Circuit

No. 19-11374
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Sarah Heydari,

Defendant—Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-163-1

Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Sarah Heydari appeals her above-guidelines sentence of 41 months in
prison that was imposed following her guilty-plea conviction for conspiracy
to possess 15 or more counterfeit or unauthorized access devices. According
to Heydari, the presentence report (PSR) failed to comply with the disclosure

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
August 25, 2020

Lyle W. Cayce
Clerk
Case: 19-11374 Document: 00515540643 Page: 1 Date Filed: 08/25/2020

No. 19-11374
2
requirements of Federal Rule of Criminal Procedure 32(d); in particular, she
argues that a hypothetical guidelines range first presented at sentencing
relied on facts not disclosed in the PSR.
We review this argument for plain error because Heydari did not
object on this basis in the district court. See United States v. Johnson, 956 F.3d
740, 743 (5th Cir. 2020). To establish plain error, she must show an error
that is clear or obvious that affects her substantial rights. Id. If Heydari
satisfies the first three prongs, we have the discretion to correct the error, but
only if it seriously affects the fairness, integrity, or public reputation of
judicial proceedings. See id.
Here, the PSR complied with the requirements set forth in Rule 32(d).
See F
ED. R. CRIM. P. 32(d). The hypothetical guidelines range calculated
by the probation officer at the district court’s request was based on detailed
facts previously set forth in the PSR indicating that Heydari’s residence was
being used for illegal drug activity. Notably, the PSR specifically informed
Heydari that these facts could warrant an upward departure. Because the
drug-related conduct upon which the district court relied when imposing an
above-guidelines sentence was disclosed to Heydari well before the
sentencing hearing, she cannot establish error, plain or otherwise. See
Johnson, 956 F.3d at 743, 746.
Heydari’s sentence is AFFIRMED.
Case: 19-11374 Document: 00515540643 Page: 2 Date Filed: 08/25/2020