USA v. Salvador Viramontes-Rodriguez

Filing 511139453

USA v. Salvador Viramontes-Rodriguez

Doc. 511139453

Case: 09-50934

Document: 00511139453

Page: 1

Date Filed: 06/11/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50934 S u m m a r y Calendar June 11, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. S A L V A D O R VIRAMONTES-RODRIGUEZ, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 3:09-CR-1891-1

B e fo r e DAVIS, SMITH and DENNIS, Circuit Judges. P E R CURIAM:* S a lv a d o r Viramontes-Rodriguez (Viramontes) pleaded guilty to illegal r e e n t r y into the United States following deportation. See 8 U.S.C. § 1326(a). Viramontes maintains that his 30-month sentence, which was below the p r o p e r ly calculated guidelines range, is substantively unreasonable. V ir a m o n t e s 's assertion that his sentence is unreasonable is conclusory and u n s u p p o r t e d by legal analysis. An appellate court is not required to search the r e c o r d to find the legal basis for an issue. United States. v. Brace, 145 F.3d 247,
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-50934

Document: 00511139453 Page: 2 No. 09-50934

Date Filed: 06/11/2010

2 5 5 (5th Cir. 1998) (en banc). Because Viramontes is represented by counsel on a p p e a l, his brief is not entitled to liberal construction. See Beasley v. McCotter, 7 9 8 F.2d 116, 118 (5th Cir. 1986). Issues must be briefed to be preserved. FED. R . APP. P. 28(a)(9). Consequently, given that Viramontes's only issue for appeal h a s not been preserved, we do not consider it. Moreover, nothing in the briefs or the record gives us any reason to believe that the below guideline sentence is u n r e a s o n a b le . A F F IR M E D .

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