United States v. Rodriguez

United States Court of Appeals
for the Fifth Circuit

No. 20-50359
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Juan Ramon Rodriguez,

Defendant—Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-257-1

Before King, Smith, and Wilson, Circuit Judges.
Per Curiam:*
Juan Ramon Rodriguez pled guilty to being a felon in possession of a
firearm. He was sentenced to 87 months in prison and three years of
supervised release. Now, for the first time on appeal, he challenges a
condition of supervised release included in his written judgment.

*
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opinion should not be published and is not precedent except under the limited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
December 1, 2020

Lyle W. Cayce
Clerk
Case: 20-50359 Document: 00515656819 Page: 1 Date Filed: 12/01/2020

No. 20-50359
2
We review for plain error because Rodriguez had an opportunity to
object and failed to do so when the district court orally adopted both the
presentence report (PSR), which contained the challenged condition, and a
court-wide standing order that also listed the challenged condition. See
United States v. Diggles, 957 F.3d 551, 560-61 (5th Cir. 2020) (en banc), cert.
denied, 2020 WL 6551832 (U.S. Nov. 9, 2020) (No. 20-5836); United States
v. Grogan, 977 F.3d 348, 353-54 (5th Cir. 2020). Based on the record, the
district court’s oral adoption of both the PSR and the standing order satisfied
the requirement that the court orally pronounce the conditions of supervised
release. See Diggles, 957 F.3d at 560; Grogan, 977 F.3d at 353–54. We are
therefore unpersuaded that Rodriguez has demonstrated any reversible plain
error with respect to the challenged condition. See Diggles, 957 F.3d at 560;
Grogan, 977 F.3d at 353–54.
AFFIRMED.
Case: 20-50359 Document: 00515656819 Page: 2 Date Filed: 12/01/2020