United States v. Becerra

United States Court of Appeals
for the Fifth Circuit

No. 19-50665
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Fernando Padilla Becerra, also known as Kalifa, also known as
Fernando Becerra,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:17-CR-505-5

Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Fernando Padilla Becerra pleaded guilty to two drug offenses and was
sentenced to concurrent terms of 250 months of imprisonment and five years

*
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opinion should not be published and is not precedent except under the limited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
October 9, 2020

Lyle W. Cayce
Clerk
Case: 19-50665 Document: 00515595978 Page: 1 Date Filed: 10/09/2020

No. 19-50665
2
of supervised release. Now for the first time on appeal, he challenges certain
conditions of supervised release included in his written judgment.
We review for plain error because Becerra had an opportunity to
object and failed to do so when the district court orally adopted a courtwide
standing order listing the challenged conditions. See United States v. Diggles,
957 F.3d 551, 560-61 (5th Cir. 2020) (en banc). For the same reason that
plain-error review applies, the district court’s oral adoption of the standing
order satisfied the requirement that it orally pronounce those conditions of
supervised release. See id. at 560. We are unpersuaded that Becerra has
demonstrated any other reversible plain error with respect to those
conditions. See United States v. Cabello, 916 F.3d 543, 544 (5th Cir. 2019)
(per curiam); United States v. Scroggins, 599 F.3d 443, 446-47 (5th Cir. 2010).
AFFIRMED.
Case: 19-50665 Document: 00515595978 Page: 2 Date Filed: 10/09/2020