USA v. Aleman

Filing 920090706


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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-51135 Summary Calendar July 6, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ERLAN MAURICIO ALEMAN Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 1:08-CR-259-ALL Before REAVLEY, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* Erlan Mauricio Aleman appeals the three-year term of supervised release that he received after he pleaded guilty to illegal reentry in violation of 8 U.S.C. 1326. Aleman correctly concedes that his term of supervised release is reviewed for plain error. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007), cert. denied, 128 S. Ct. 2959 (2008). Aleman fails to show that his within-guidelines term of supervised release is plain error, given that the district Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. * No. 08-51135 court had a reasoned basis for the sentence, which enjoys a presumption of reasonableness. See Rita v. United States, 127 S. Ct. 2456, 2462 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). AFFIRMED. 2

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