Appellate review of a procedural objection not raised during sentencing is limited to plain error review.
A defendant convicted of illegal re-entry appealed his upwardly varied sentence and a subsequent sentence for revocation of supervised release. The defendant argued the sentence was substantively unreasonable and procedurally defective. The court held that a sentencing court may adjust a sentence under section 3553(a) if it concludes the applicable guidelines range gives too much or too little weight to specific factors. Furthermore, when a defendant fails to raise a procedural objection during the sentencing hearing, appellate review of that objection is limited to plain error. The court affirmed the sentences, finding the upward variance was reasonable based on the defendant's extensive criminal history and prior arrests.
At page 807 Evaluating sentence reasonableness and discretionary factors185 citing cases“the sentencing court is free to conclude that the applicable guidelines range gives too much or too little weight to one or more factors, and may adjust the sentence accordingly under 3553(a).”
- United States v. Recio-Rosas, 88 F.4th 566 (5th Cir. 2023).published([The criminal defendant] has not shown his seventy-two-month sentence is substantively unreasonable.)
- United States v. Recio-Rosas, 88 F.4th 566 (5th Cir. 2023).unpublished([The criminal defendant] has not shown his seventy-two-month sentence is substantively unreasonable.)
- United States v. Byron Williams, No. 09-30528 (5th Cir. Sept. 16, 2010).published ([T]his court has not . . . held that prior arrests may not be factored into a non-Guidelines sentence pursuant to § 3553(a).)
- United States v. Orellana-Aleman, 355 F. App'x 215 (10th Cir. 2009).unpublished ([Defendant’s] eleven prior arrests by immigration officials do not ‘stand alone’—here they are corroborated by more than half a dozen deportations. These arrests are sufficiently ‘supported by evidence’ to constitute r…)
- United States v. Rodriguez-Ortiz, No. 25-50138 (5th Cir. Dec. 11, 2025).unpublishedIn imposing a non- Guidelines sentence, the district court may rely on factors already taken into account by the Guidelines, including a defendant’s criminal history, see United States v. Brantley, 537 F.3d 347, 350 (5th Cir. 2008), and ma…
- United States v. Lopez-Alvarado, No. 24-30490 (5th Cir. May 28, 2025).unpublished United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (internal quotation and citation omitted).
- United States v. Alvarez, No. 23-11230 (5th Cir. Mar. 28, 2025).unpublishedThis contention is unavailing, however, as it is well-settled that the district court may rely on: factors already taken into account by the Guidelines, including defendant’s criminal history, see United States v. Brantley, 537 F.3d 347, 3…
- United States v. Simpson, No. 23-40562 (5th Cir. Aug. 9, 2024).unpublishedHowever, a “district court is free to conclude that the applicable [g]uidelines range gives too much or too little weight to one or more factors, and may adjust the sentence accordingly.” United States v. Lopez-Velasquez, 526 F.3d 804, 807…
- United States v. Cordova-Zamora, No. 24-20002 (5th Cir. Aug. 1, 2024).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (citation omitted). 2 Case: 24-20002 Document: 46-1 Page: 3 Date Filed: 08/01/2024 No. 24-20002 The district court heard and reviewed Cordova’s mitigating assertions, incl…
- United States v. Sarmiento, No. 23-10974 (5th Cir. June 28, 2024).unpublished See 18 U.S.C. § 3553 (a)(1); see also United States v. Fraga, 704 F.3d 432, 440-41 (5th Cir. 2013); United States v. Lopez- Velasquez, 526 F.3d 804, 807 (5th Cir. 2008); United States v. Brantley, 537 F.3d 347, 350 (5th Cir. 2008); Smith,…
Show 25 more citing cases
- United States v. Valdez-Pardo, No. 23-10436 (5th Cir. Jan. 15, 2024).unpublishedAlthough Valdez-Pardo asserts that the district court gave too much weight to his criminal history, which included numerous unscored convictions, “the sentencing court is free to conclude that the applicable Guidelines range gives too much…
- United States v. Sorenson, No. 22-20640 (5th Cir. July 26, 2023).unpublished(quotation omitted)
- United States v. Levanda, No. 22-30256 (5th Cir. Feb. 13, 2023).unpublishedUnited States v. Lopez- Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Drayton, No. 22-20303 (5th Cir. Jan. 12, 2023).unpublishedAlthough Drayton asserts that too much weight was given to his criminal history, “the sentencing court is free to conclude that the applicable Guidelines range gives too much or too little weight to one or more factors, and may adjust the…
- United States v. Gollihugh, No. 21-11132 (5th Cir. Sept. 9, 2022).unpublished“It is well-established that prior criminal conduct not resulting in a conviction may be considered by the sentencing judge.” United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Wilson, No. 21-30547 (5th Cir. May 2, 2022).unpublished“It is well-established that prior criminal 2 Case: 21-30547 Document: 00516303545 Page: 3 Date Filed: 05/02/2022 No. 21-30547 conduct not resulting in a conviction may be considered by the sentencing judge.” United States v. Lopez-Velasqu…
- United States v. Williams, No. 21-10982 (5th Cir. Mar. 28, 2022).unpublishedAlthough Williams asserts that too much weight was given to his criminal history, “the sentencing court is free to conclude that the applicable Guidelines range gives too much or too little weight to one or more factors, and may adjust the…
- United States v. Davis, No. 19-11188 (5th Cir. Dec. 30, 2021).unpublished“It is well-established that prior criminal conduct not resulting in a conviction may be considered by the sentencing judge.” United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Brown, No. 21-30137 (5th Cir. Nov. 19, 2021).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (citation omitted).
- United States v. Bryson, No. 21-10061 (5th Cir. Nov. 17, 2021).unpublishedThere is no requirement that a sentence outside the Guidelines be imposed only in extraordinary cases, see Gall, 552 U.S. at 47 , and a “sentencing court is free to conclude that the applicable Guidelines range gives too much or too little…
- United States v. Nunez-Gonzalez, No. 20-11150 (5th Cir. Sept. 8, 2021).unpublishedSee Brantley, 537 F.3d at 349-50 ; United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008); United States v. Smith, 440 F.3d 704, 708-10 (5th Cir. 2006).
- Dominguez v. United States, No. 4:21-cv-00399 (N.D. Tex. July 14, 2021).United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Marcial-Pedro, No. 19-40464 (5th Cir. July 1, 2021).unpublishedSee United States v. Rodriguez, 660 F.3d 231, 232 , 234–35 (5th Cir. 2011); United States v. Lopez–Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Marques-Mejia, No. 20-10973 (5th Cir. June 2, 2021).unpublishedSee Brantley, 537 F.3d at 349-50 ; United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008); United States v. Smith, 440 F.3d 704, 708-10 (5th Cir. 2006).
- United States v. Fuentes-Perez, No. 20-40816 (5th Cir. May 4, 2021).unpublishedSee Gall, 552 U.S. at 51 ; United States v. Malone, 828 F.3d 331 , 2 Case: 20-40816 Document: 00515848719 Page: 3 Date Filed: 05/04/2021 No. 20-40816 342 (5th Cir. 2016); United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008)…
- United States v. Navarro-Jusino, 993 F.3d 360 (5th Cir. 2021).publishedEven where the guidelines account for a fact, “the sentencing court is free to conclude that the applicable Guidelines range gives too much or too little weight to one or more factors, and may adjust the sentence accordingly under § 3553(a…
- United States v. Reyna-Aragon, 992 F.3d 381 (5th Cir. 2021).published“It is well-established that prior criminal conduct not resulting in a conviction may be considered by the sentencing judge.” United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (per curiam) (citing United States v. Jones,…
- United States v. Bernal, No. 20-50710 (5th Cir. Mar. 12, 2021).unpublishedSee Gall, 552 U.S. at 51 ; United States v. Malone, 828 F.3d 331, 342 (5th Cir. 2016); United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Parkerson, 984 F.3d 1124 (5th Cir. 2021).publishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (citation omitted).
- United States v. Mayo-Garcia, No. 20-40033 (5th Cir. Dec. 29, 2020).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Kevin Pacheco-Flores, No. 20-40043 (5th Cir. Aug. 26, 2020).unpublished United States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Adam Bennett, No. 19-10982 (5th Cir. Aug. 17, 2020).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008) (per curiam) (citation omitted).
- United States v. Jose Hernandez, No. 19-10993 (5th Cir. July 14, 2020).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Enrique Rodriguez, No. 19-20690 (5th Cir. May 27, 2020).unpublishedUnited States v. Lopez- Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
- United States v. Laci Landers, No. 19-50502 (5th Cir. Mar. 18, 2020).unpublishedUnited States v. Lopez- Velasquez, 526 F.3d 804, 807 (5th Cir. 2008).
At page 809 Presumption of reasonableness for revocation sentences65 citing cases“absent an intervening supreme court case overruling prior precedent, we remain bound to follow our precedent even when the supreme court grants certiorari on an issue.”
- United States v. Artavius Smith, No. 17-10616 (5th Cir. Aug. 3, 2020).unpublished“absent an intervening supreme court case overruling prior precedent, we remain bound to follow our precedent even when the supreme court grants certiorari on an issue.”
- United States v. Tepaz-Perez, No. 25-50927 (5th Cir. June 22, 2026).unpublishedSee United States v. Warren, 720 F.3d 321, 322, 326 (5th Cir. 2013); United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008); Puckett v. United States, 556 U.S. 129, 135 (2009).
- United States v. Gomez, No. 25-50357 (5th Cir. Mar. 25, 2026).unpublishedSee United States v. Warren, 720 F.3d 321, 332 (5th Cir. 2013); United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008).
- United States v. Ortiz, No. 25-10237 (5th Cir. Feb. 11, 2026).unpublishedThe sentence was presumptively reasonable, see United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008), and the sentencing court promptly corrected its factual misstatements.
- United States v. Jorge Caldera, No. 19-50812 (5th Cir. July 6, 2020).unpublishedBecause the sentence is within the advisory range, it is presumed reasonable, United States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008), and little additional explanation is required, United States v. Mares, 402 F.3d 511, 519 (5t…
- United States v. John Badgett, 957 F.3d 536 (5th Cir. 2020).publishedUnited States v. Mares, 402 F.3d 511, 521 (5th Cir. 2005) (quoting Olano, 507 U.S. at 734 ). 18 United States v. Warren, 720 F.3d 321, 332 (5th Cir. 2013). 19 Id. (internal quotation marks omitted) (quoting United States v. Peltier, 505 F.…
- United States v. George Steele, No. 19-60288 (5th Cir. Oct. 31, 2019).unpublishedUnited States v. Lopez-Velasquez, 526 F.3d 804, 809 (5th Cir. 2008).
At page 805 Affirming sentence enhancements based on criminal history29 citing cases
- United States v. Villafana-Cardenas, No. 25-50397 (5th Cir. Mar. 9, 2026).unpublishedSee Puckett, 556 U.S. at 135 ; United States v. Woods, 102 F.4th 760, 765-66 (5th Cir. 2024); United States v. Lopez-Velasquez, 526 F.3d 804, 805-08 (5th Cir. 2008).
- United States v. Ibarra-Vasquez, No. 25-50256 (5th Cir. Dec. 9, 2025).unpublishedSee 2 Case: 25-50256 Document: 47-1 Page: 3 Date Filed: 12/09/2025 No. 25-50256 United States v. Rhine, 637 F.3d 525, 526, 528-30 (5th Cir. 2011); United States v. Lopez-Velasquez, 526 F.3d 804, 805, 807 (5th Cir. 2008).
- United States v. Duran, No. 24-10263 (5th Cir. Nov. 21, 2024).unpublishedSee Brantley, 537 F.3d at 348–50; United States v. Lopez-Velasquez, 526 F.3d 804, 805, 807 (5th Cir. 2008); United States v. Rhine, 637 F.3d 525, 526 , 528–30 (5th Cir. 2011).
- United States v. Portillo-Garcia, No. 20-40722 (5th Cir. Sept. 23, 2021).unpublishedSee United States v. Brantley, 537 F.3d 347, 348-50 (5th Cir. 2008); United States v. Lopez-Velasquez, 526 F.3d 804, 805, 807 (5th Cir. 2008); Smith, 440 F.3d at 708-10 .
At page 806 Reviewing sentence reasonableness and procedural objections87 citing cases“when a defendant fails to raise a procedural objection below, appellate review is for plain error only.”
- United States v. Rodney Johnson, 943 F.3d 735 (5th Cir. 2019).published(When a defendant fails to raise a procedural objection below, appellate review is for plain error only.)
- United States v. Hudson, No. 25-60172 (5th Cir. Nov. 20, 2025).unpublishedSee United States v. Smith, 440 F.3d 704, 708-10 (5th Cir. 2006); United States v. Lopez-Velasquez, 526 F.3d 804, 806 (5th Cir. 2008).
- United States v. Santiago, 96 F.4th 834 (5th Cir. 2024).publishedUnited States v. Johnson, 943 F.3d 735, 737 (5th Cir. 2019) (citing United States v. Lopez-Velasquez, 526 F.3d 804, 806 (5th Cir. 2008)).
At page 808 Reviewing arguments regarding sentencing and equal protection46 citing casesPeltier, 505 F.3d at 392 (listing elements of the plain error test). The district court’s seventy-two-month sentence was not an abuse of discretion. Lopez’s…
- United States v. Quintanilla, No. 20-50552 (5th Cir. Feb. 9, 2021).unpublished Arguing that the Guidelines lack an empirical basis, Quintanilla also challenges the presumption of reasonableness that attaches to a within-guidelines revocation sentence, see, e.g., United States v. Lopez-Velasquez, 526 F.3d 804, 808-09…
v.
Raul LOPEZ-VELASQUEZ, Also Known as Raul Camacho-Salazar, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Raul Camacho-Salazar, Also Known as Raul Lopez-Velasquez, Defendant-Appellant
Raul Lopez-Velasquez (“Lopez”), also known as Raul Camacho-Salazar, pled guilty to illegal re-entry after deportation and was sentenced to seventy-two months in prison and three years of supervised release. This conviction triggered the revocation of his supervised release on an earlier conviction for illegal re-entry. In the separate revocation proceedings, Lopez was sentenced to serve twenty months in prison, consecutive to his seventy-two-month sentence for his most recent reentry. Lopez filed an appeal in each case, now consolidated before this court. We affirm.
BACKGROUND
Lopez is a citizen of Mexico. He was deported from the United States to Mexico in 2004. In May 2006, Lopez was found by an immigration official in Big Spring, Texas. He was indicted for illegal re-entry, and pled guilty. His offense and criminal history resulted in an advisory Sentencing Guidelines range of twenty-four to thirty months’ imprisonment. At the sentencing hearing, the district court varied upward from the Guidelines range and sentenced Lopez to seventy-two months in prison. The district court stated this was reasonable in light of, inter alia, Lopez’s two prior drug convictions, his eleven separate arrests by immigration officials, and his seven deportations prior to the case at hand. The court concluded that Lopez “obviously has no respect for the law of the United States, nor of the borders of the United States.” Lopez objected on[*806] various grounds, and properly filed appeal number 07-10151 with this court.
Appeal number 07-10321 concerns a revocation of supervised release stemming from an earlier re-entry conviction. In December 2002 Lopez pleaded guilty to illegal re-entry in the U.S. District Court for the District of Arizona. He was sentenced to twenty-seven months in prison and three years supervised release. After his release from prison, he was deported to Mexico. When Lopez was picked up in Big Spring, Texas in 2006, he was still serving his term of supervised release on the District of Arizona conviction. The District of Arizona transferred his case to the Northern District of Texas, where his supervised release was revoked due to his illegal re-entry. The advisory Guidelines range for the revocation was eighteen to twenty-four months, and the district court imposed a sentence of twenty months. Lopez appealed.
DISCUSSION
Lopez appeals his seventy-two-month sentence for illegal re-entry for a number of reasons, most of which are foreclosed by circuit precedent. He offers no separate argument concerning his twenty-month sentence on revocation.
I
Lopez asserts that his seventy-two-month sentence is substantively unreasonable. We review sentences inside and outside the advisory Guidelines range for reasonableness under the abuse of discretion standard of review. Gall v. United States, - U.S. -, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). Lopez also asserts, for the first time on appeal, that his sentence was procedurally defective because the district court failed adequately to explain its reasons for the upward variance. When a defendant fails to raise a procedural objection below, appellate review is for plain error only. United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir.2007). This rule “serves a critical function by encouraging informed decisionmaking and giving the district court an opportunity to correct errors before they are taken up on appeal.” Id. at 392.
Here, the district court carefully explained its reasons for imposing a seventy-two-month sentence:
As to the term of incarceration, I have imposed a term of 72 months. This is an upward variance from the advisory guideline range. I believe this is a reasonable sentence based on the defendant’s criminal history showing two drug convictions; furthermore indicating that the defendant has been arrested by ICE agents on eleven separate occasions; further indicating that the defendant has been deported on seven prior occasions to this particular case.
I believe that this sentence is a reasonable sentence looking at those factors listed in Title 18, United States Code, Section 3553(a), particularly looking at the factor considering the need to promote respect for the law. This defendant obviously has no respect for the law of the United States, nor of the borders of the United States. There’s a need to provide a reasonable punishment for this offense, looking at the defendant’s criminal history; the need to afford adequate deterrence to further criminal conduct of the defendant; the need to protect the public from this defendant; and looking at the nature and circumstances of this offense and the history and characteristics of this defendant.
Based upon those factors, I believe that a sentence of 72 months is a reasonable sentence in this case.
[*807] Lopez claims this sentence was substantively unreasonable for a number of reasons. First, he contends it is “not extraordinary” for a defendant convicted of illegal re-entry to have a history of previous entries. Gall, however, squarely rejected the proposition that extraordinary circumstances are necessary to justify a sentence outside the Guidelines range. 128 S.Ct. at 595. Moreover, Lopez’s extensive history of re-entry following deportation adequately supports the district court’s conclusion that he has “no respect” for the laws or borders of the United States. Lopez’s argument on this point is without merit.
Lopez also contends that his two prior drug convictions were fully accounted for in calculating the Guidelines range and may not be further considered as grounds for a variance under § 3553(a). This is incorrect. As this court has explained, the Supreme Court’s decision in Booker “implicitly rejected the position that no additional weight could be given to factors included in calculating the applicable advisory Guidelines range, since to do otherwise would essentially render the Guidelines mandatory.” United States v. Williams, 517 F.3d 801, 809 (5th Cir.2008) (citing United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)). Rather, “the sentencing court is free to conclude that the applicable Guidelines range gives too much or too little weight to one or more factors,” and may adjust the sentence accordingly under § 3553(a). Id. Lopez has shown no error here.
Lopez’s other arguments include his claim that his upbringing in the United States and his cultural assimilation are mitigating factors that make any upward variance unreasonable. While cultural assimilation may be considered as a mitigating factor, United States v. Rodriguez-Montelongo, 263 F.3d 429, 433 (5th Cir.2001), there is no requirement that a sentencing court must accord it dispositive weight. Here the district court stated that it had considered Lopez’s history and characteristics in imposing its sentence. Lopez has shown no abuse of discretion.
Nor was it an abuse of discretion for the district court to consider Lopez’s eleven prior arrests by immigration officials under § 3553(a). It is well-established that prior criminal conduct not resulting in a conviction may be considered by the sentencing judge. United States v. Jones, 444 F.3d 430, 434 (5th Cir.2006). It is true that prior arrests, standing alone, are insufficiently reliable to justify an upward departure pursuant to the Guidelines. Id. (citing U.S.S.G. § 4A1.3(a)(3)). This court has not, however, held that prior arrests may not be factored into a wow-Guidelines sentence pursuant to § 3553(a). Moreover, Lopez’s eleven prior arrests by immigration officials do not “stand alone” — here they are corroborated by more than half a dozen deportations. These arrests are sufficiently “supported by evidence” to constitute reliable grounds for a variance in this case. See id. We find no error here.
On the whole Lopez has not shown his seventy-two-month sentence is substantively unreasonable. Nor can Lopez show any procedural defect under the plain error test. The district court did not, as Lopez claims, merely pay “lip service” to the § 3553(a) factors. Rather, the district court thoroughly and adequately articulated several § 3553(a) factors that justified the variance. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2468, 168 L.Ed.2d 203 (2007); see also United States v. Smith, 440 F.3d 704, 707 (5th Cir.2006) (“[A] checklist recitation of the section 3553(a) factors is neither necessary nor sufficient for a sentence to be reasonable.”). Lopez has shown no procedural error here, much less a plain one. See [*808] Peltier, 505 F.3d at 392 (listing elements of the plain error test). The district court’s seventy-two-month sentence was not an abuse of discretion.
Lopez’s other challenges to his seventy-two-month sentence are foreclosed by binding circuit precedent. Lopez argues it was reversible error for the court to sua sponte impose an upward variance without providing advance notice. This argument is precluded by our holding in United States v. Mejia-Huerta: “sentencing courts are not required to give pre-sentencing notice of their sua sponte intention to impose a non-Guidelines sentence.” [1] Moreover, the court below admonished Lopez prior to accepting his guilty plea that “If the facts so warrant, the Court could impose up to the statutory maximum sentence in this case.” Lopez responded that he understood. His argument on this point is without merit.
Lopez also claims that the lack of a fast-track early disposition program in the Northern District of Texas has deprived him of a sentencing reduction in violation of his equal protection rights, and has resulted in an unwarranted sentencing disparity under § 3553(a)(6). [2] As this court has recently explained, any disparity in sentencing between fast-track and non-fast-track jurisdictions is a function of Congressional policy and thus is not “unwarranted” under § 3553(a)(6). United States v. Gomez-Herrera, 523 F.3d 554, 559-62, 2008 WL 886091, *4-*6 (5th Cir.2008). Lopez’s equal protection argument fails as well, because the fast-track program does not implicate either a suspect class or a fundamental right. United States v. Rodriguez, 523 F.3d 519, 526-27, 2008 WL 853576, *6 (5th Cir.2008). The current structure of the fast-track program is rationally related to, among others, the goals of promoting judicial efficiency, preserving prosecutorial discretion, and limiting downward departures overall. Id.; Gomez-Herrera, 2008 WL 886091 at *5-*6. Lopez has shown no grounds for reversal here. [3]
II
Concerning his twenty-month sentence on revocation of his supervised release, Lopez makes no independent argument. He simply asserts that this sentence “magnifies” the unreasonableness of his seventy-two-month sentence. Lopez has directed this court to no authority suggesting that his revocation sentence, based on an entirely separate conviction in the District of Arizona, has any bearing on the reason[*809] ableness of the sentence imposed for his most recent conviction. As above, the seventy-two-month sentence was reasonable. The revocation sentence of twenty months falls squarely within the bounds of the eighteen to twenty-four month Guideline range, and is presumptively reasonable. Gall, 128 S.Ct. at 597. Lopez has not rebutted this presumption, nor has he shown any abuse of discretion.
CONCLUSION
For the aforementioned reasons, the sentences imposed are AFFIRMED.
. 480 F.3d 713, 723 (5th Cir.2007). We note that the Supreme Court has granted certiorari on a similar question in United States v. Irizarry, 458 F.3d 1208 (11th Cir.2006), cert. granted - U.S. -, 128 S.Ct. 828, 169 L.Ed.2d 625 (2008). Absent an intervening Supreme Court case overruling prior precedent, we remain bound to follow our precedent even when the Supreme Court grants certiorari on an issue. United States v. Short, 181 F.3d 620, 624 (5th Cir.1999); Ellis v. Collins, 956 F.2d 76, 79 (5th Cir.1992).
. Lopez also claims, in a point heading, that his due process rights were violated, but he fails completely to develop this argument in the body of his brief. Arguments inadequately briefed on appeal are waived. United States v. Freeman, 434 F.3d 369, 374 (5th Cir.2005).
.Finally, Lopez contends that in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) the enhancement provisions in 8 U.S.C. § 1326(b) are unconstitutional. He acknowledges this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but raises the issue only to preserve it for Supreme Court Review. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied - U.S. -, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008).