USA v. Roberto Lopez-Garcia

Filing 920091201

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50276 Summary Calendar December 1, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO LOPEZ-GARCIA, also known as Robert Lopez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:02-CR-624-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Defendant-Appellant Roberto Lopez-Garcia appeals the 24-month sentence he received following the revocation of his supervised release. Lopez-Garcia contends that his sentence, which exceeded the applicable guidelines range of 12 to 18 months, is greater than necessary to achieve Congress's sentencing goals because it overstates the severity of his violation. We disagree. The sentence imposed falls within the two-year statutory maximum authorized on revocation, and Lopez-Garcia has identified no evidence 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-50276 to support his claim that the sentence is unreasonable or plainly unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005); see also 8 U.S.C. 1326(a), (b)(2), 3559(a)(2), 3583(e)(3). AFFIRMED. 2

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