IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50811 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ISMAEL FLORES-UMANA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CR-188-ALL - - - - - - - - - - February 20, 1997 Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.

PER CURIAM:* Ismael Flores-Umana appeals his sentence after his guilty plea and conviction of being a deported alien. He argues that the district court abused its discretion when it departed upwardly from the Sentencing Guidelines and that the court failed to give adequate reasons for the departure. We have reviewed the record and the briefs of the parties and hold that the district court did not abuse its discretion and that it gave adequate reasons for the upward departure. United States v. Hawkins, 87 * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 96-50811 - 2 - F.3d 722, 728 (5th Cir.), cert. denied, 117 S. Ct. 408 (1996); United States v. Lambert, 984 F.2d 658, 662 (5th Cir. 1993) (en banc).

AFFIRMED.