United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 28, 2024 No. 23-20452 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus Darion Benjamin Woods,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-397-1 ______________________________ Before Higginson, Willett, and Oldham, Circuit Judges. Per Curiam: Darion Benjamin Woods pleaded guilty to damaging property of a foreign official in the United States. He was sentenced to an above- Guidelines sentence of 30 months in prison and 3 years of supervised release. He appeals his sentence as substantively unreasonable and challenges an unpronounced condition of supervised release in the written judgment. We AFFIRM as modified. Case: 23-20452 Document: 74-1 Page: 2 Date Filed: 05/28/2024

No. 23-20452

I Woods and his co-defendant Christin Brinkley broke into the British Consul General’s family home in Houston, Texas. Security footage from the home showed Woods driving a U-Haul truck through the home’s security gate, entering the property, and carrying items back to the truck. Woods and Brinkley stole two vehicles, a safe, high-end watches, jewelry, a television, the family’s passports and personal documents, and a large amount of alcohol. They ransacked the home and caused over $50,000 in damages. Law enforcement later found Woods and Brinkley at a residence with the stolen vehicles. Police found some of the stolen items inside the vehicles. Woods tried to flee on foot before he was arrested. He was charged with one count of damaging property occupied by a foreign official and pleaded guilty without a plea agreement. The presentence investigation report (PSR) calculated Woods’s Guidelines imprisonment range at 12 to 18 months based on a total offense level of 12 and a criminal history score of 2. Applying U.S.S.G. § 2B1.1(a)(2), which covers theft, stolen property, and property damage or destruction, the PSR assigned Woods a base offense level of 6. Because Woods was accountable for loss exceeding $40,000, the PSR recommended a 6-point enhancement under § 2B1.1(b)(1)(D). Woods received two criminal history points. He received one point for a marijuana-possession conviction in 2016 and one point for a misdemeanor theft conviction in 2020. But part of Woods’s criminal history was unscored. He received no points for a juvenile conviction for felony burglary or a juvenile conviction for criminal mischief. And he had one unscored felony charge for possession of a controlled substance. He also had three charges pending at the time of sentencing: felony fraudulent use of identifying information, misdemeanor evading arrest, and felony burglary of a habitation. The latter two offenses arose from

2 Case: 23-20452 Document: 74-1 Page: 3 Date Filed: 05/28/2024

No. 23-20452

this case. While Woods was detained awaiting trial, he assaulted his cellmate unprovoked. The PSR noted that this was not the first altercation Woods was