Per Curiam
Padilla was convicted in 2006 of illegal reentry following deportation in 2003. Deported again in 2008, he was found illegally present following a 2011 robbery arrest. He pleaded guilty Oct. 19, 2011. Focusing on the need to deter illegal reentry, district court sentenced Padilla to 57 months in prison and three years' supervised release. Citing the Ninth Circuit's decision in United States v. Valdavrinos-Torres and the Fifth's in United States v. Dominguez-Alvarado Second Circuit held imposition of supervised release appropriate, and not a departure from Guidelines §5D1.1(c), if district court finds "supervised release would provide an added measure of deterrence and protection based on the facts and circumstances of a particular case." The court did so. Even assuming the court inadequately explained supervision's imposition, Padilla's record showed supervision "would provide an added measure of deterrence and protection based on the facts and circumstances of [his] particular case." Thus, like the Fifth in United States v. Cancino-Trinidad, Second Circuit found district court did not commit plain error because the alleged error did not affect the outcome of sentencing and therefore did not affect Padilla's substantial rights.
