USA v. Sandoval

Filing 920071107

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED
No. 07-10055 Summary Calendar
November 7, 2007 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. RAYMUNDO SANDOVAL Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-73-ALL

Before KING, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Raymundo Sandoval appeals from the 60-month sentence imposed following the revocation of his term of supervised release, arguing that his sentence was unreasonable under United States v. Booker, 543 U.S. 220 (2005). The district court properly considered the 18 U.S.C. § 3553(a) factors when imposing Sandoval's sentence. See United States v. Gonzalez, 250 F.3d 923, 930 (5th Cir. 2001). Sandoval's sentence, which was the statutory maximum, was

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10055 neither unreasonable nor plainly unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005). Sandoval also argues that the district court violated the Sixth Amendment when it revoked his release and imposed an additional prison term based on facts found only by a preponderance of the evidence. Sandoval acknowledges that this argument is foreclosed by Hinson, 429 F.3d at 119, but raises it to preserve it for further review. Accordingly, the judgment of the district court is AFFIRMED.

2