USA v. Savala

Filing 920060828

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 28, 2006 Charles R. Fulbruge III Clerk No. 05-20480 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TED SAVALA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:98-CR-3-5 -------------------Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* In 2000, Ted Savala was convicted pursuant to a guilty plea of conspiring to commit arson. probation. He was sentenced to five years of

Savala's probation was subsequently revoked, and

Savala was sentenced to serve nine months of imprisonment and three years of supervised release. Savala now appeals the

two-year term of imprisonment imposed following the revocation of his supervised release. Savala argues that the district court

reversibly erred in imposing his revocation sentence because the

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

No. 05-20480 -2circumstances of his case do not warrant the statutory maximum two-year term of imprisonment imposed in his case. Although the two-year term of imprisonment imposed upon revocation of Savala's supervised release exceeded the sentencing range indicated by the policy statements in Chapter Seven of the United States Sentencing Guidelines, it did not exceed the statutory maximum term of imprisonment that the district court could have imposed. See 18 U.S.C. § 3583(e)(3). Accordingly,

Savala's revocation sentence was neither "unreasonable" nor "plainly unreasonable." See United States v. Hinson, 429 F.3d

114, 120 (5th Cir. 2005), cert. denied, 126 S. Ct. 1804 (2006). Savala has not shown error. AFFIRMED.