U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Roberto Lopez-Garcia

United States v. Roberto Lopez-Garcia
U.S. Court of Appeals for the Fifth Circuit · Decided December 1, 2009 · Jolly, Wiener, Elrod
353 F. App'x 964

United States v. Roberto Lopez-Garcia

Opinion

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 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); 18 U.S.C. §§ 3559(a)(2), 3583(e)(3).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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