USA v. Perez-Cepeda

Filing 920080313

Opinion

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

FILED
No. 07-40290 Summary Calendar
March 13, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE DAVID PEREZ-CEPEDA Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-1057-ALL

Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Jose David Perez-Cepeda appeals the 78-month sentence that was imposed following his conviction for possession of more than five kilograms of cocaine with intent to distribute. Perez-Cepeda argues that the district court erred by denying his request for an additional one-level reduction to his offense level for acceptance of responsibility. The Government did not move for such a reduction.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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No. 07-40290 Consequently, the district court did not err by denying this request. U.S.S.G. § 3E1.1, comment. (n.6). Perez-Cepeda also argues that his sentence, which was within the pertinent guidelines range, was unreasonable. Our review of the record shows no error in connection with Perez-Cepeda's sentence. The district court See

committed no procedural error at sentencing, and the sentence imposed is substantively reasonable. See Gall v. United States, 128 S. Ct. 586, 594 (2007). The judgment of the district court is AFFIRMED.

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