United States of America v. Luis Alonso Gomez-Celaya

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2401
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Luis Alonso Gomez-Celaya
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: September 29, 2023
Filed: October 5, 2023
[Unpublished]
____________
Before COLLOTON, GRUENDER, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Luis Gomez-Celaya appeals after the district court1 revoked his supervised
release and sentenced him to 6 months in prison and 2 years of supervised release.
1The Honorable Stephen R. Clark, Chief Judge, United States District Court for
the Eastern District of Missouri.

-- 1 of 2 --

His counsel has moved to withdraw, and has filed a brief challenging the revocation
sentence.
After careful review of the record, we conclude that the district court did not
plainly err by imposing an additional term of supervised release even though Gomez-
Celaya might be deported. See United States v. Hernandez-Loera, 914 F.3d 621, 622
(8th Cir. 2019) (per curiam) (standard of review; noting that the U.S.S.G. § 5D1.1(c)
recommendation against imposing a term of supervised release on a defendant subject
to deportation is “hortatory, not mandatory”). We also conclude that the district court
did not abuse its discretion in imposing the revocation sentence. See United States
v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (reviewing the substantive reasonable
of a revocation sentence under a deferential abuse-of-discretion standard).
Accordingly, we grant counsel’s motion to withdraw and affirm.
______________________________
-2-

-- 2 of 2 --