Filed: May 20, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 20, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-50838 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus YVETTE MENDEZ-GUZMAN, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. DR-00-CR-501-1-FB Before GARWOOD, WIENER and DENNIS, Circuit Judges. PER CURIAM:* Yvette Mendez-Guzman (“Guzman”) appeals the di
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 20, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-50838 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus YVETTE MENDEZ-GUZMAN, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. DR-00-CR-501-1-FB Before GARWOOD, WIENER and DENNIS, Circuit Judges. PER CURIAM:* Yvette Mendez-Guzman (“Guzman”) appeals the dis..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 20, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50838
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
YVETTE MENDEZ-GUZMAN,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-00-CR-501-1-FB
Before GARWOOD, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Yvette Mendez-Guzman (“Guzman”) appeals the district court’s
sentence imposed after revocation of her probation. Guzman pleaded
guilty in 2001 to bank fraud in violation of 18 U.S.C. § 1344 and
was placed on Five years’ probation. She pleaded no contest to
violating her probation and the district court sentenced her to
thirty-two months’ imprisonment.
*
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opinion should not be published and is not precedent except under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.
Guzman argues that her sentence was plainly unreasonable
because the district court based the sentence on a mistaken
recollection of the original sentencing hearing rather than on the
factors outlined in 18 U.S.C. § 3553(a). Because Guzman did not
object to her sentence in the district court, our review is for
plain error. United States v. McCullough,
46 F.3d 400, 401 (5th
Cir. 1995); see United States v. Olano,
507 U.S. 725, 731-37
(1993).
The district court clearly admonished Guzman several times
during the original sentencing hearing that she would face
significant prison time if she violated the terms of probation.
And at her revocation hearing a year later, the same district court
judge not only reminded Guzman of that earlier admonishment, but
also considered explicitly at least some of the sentencing factors
set out in section 3553(a). Thus, the district court noted
Guzman’s need for vocational training, and psychological and
financial counseling, see, e.g., 18 U.S.C. § 3553(a)(2)(D)
(requiring the court to consider the defendant’s need for
“educational or vocational training, medical care, or other
correctional treatment”), and concluded, given those needs and her
pattern of continuing violations, that a “halfway house is not an
option anymore.” See, e.g.,
id. (requiring the district court to
consider alternative available sentences). Moreover, the district
court’s written order revoking probation and resentencing Guzman
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states that the court had given “due consideration to the . . .
statutory sentencing factors and pertinent policy statements.” The
record does not show that the court did not consider those matters.
Based on our review of the record, therefore, we conclude that
the district court both explicitly and implicitly considered the
sentencing factors in 18 U.S.C. § 3553(a). See United States v.
Gonzalez,
250 F.3d 923, 930 (5th Cir. 2001); United States v. Pena,
125 F.3d 285, 287 (5th Cir. 1997); United States v. Teran,
98 F.3d
831, 836 (5th Cir. 1996). Moreover, we note that there is no
indication that the district court would likely impose any
different sentence were we to remand for resentencing. See United
States v. Wheeler,
322 F.3d 823, 828 (5th Cir. 2003) (finding no
plain error where the district court could reimpose an identical
sentence). Accordingly, Guzman has failed to demonstrate plain
error in the district court’s sentence.
AFFIRMED.
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