USA v. Tolczyk

Filing 920070914


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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D No. 06-51488 Summary Calendar September 14, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee verses MARIUSZ TOLCZYK Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1908-ALL Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges. PER CURIAM:* Mariusz Tolczyk appeals from the sentence imposed following revocation of his term of supervised release, arguing that his sentence was unreasonable. The district court properly considered the 18 U.S.C. 3553(a) factors when imposing Tolczyk's sentence. See United States v. Gonzalez, 250 F.3d 923, 930 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. -1* (5th Cir. 2001). Tolczyk's sentence, which was within the advisory guideline range and the statutory maximum, was neither unreasonable nor plainly unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005). Accordingly, the judgment of the district court is AFFIRMED. -2-

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