U.S. Court of Appeals for the Fifth Circuit, 2007

United States v. Garay

United States v. Garay
U.S. Court of Appeals for the Fifth Circuit · Decided December 12, 2007 · Reavley, Barksdale, Garza
257 F. App'x 818

United States v. Garay

Opinion

PER CURIAM: *

Jessica Garay appeals the sentence imposed following her guilty plea to trans *819 portation of undocumented aliens. She argues that her sentence is unreasonable as a matter of law because our post-Booker 1 rulings have effectively reinstated the mandatory sentencing guidelines regime. Garay correctly concedes that this claim is foreclosed by our precedent and raises it only to preserve its further review by the Supreme Court. See Rita v. United States, — U.S. -,---, 127 S.Ct. 2456, 2462-66, 168 L.Ed.2d 203 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

1

. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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