Filed: Mar. 08, 2006
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 FOR THE FIFTH CIRCUIT March 8, 2006 Charles R. Fulbruge III Clerk No. 05-40533 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EVONNE CASTILLO, also known as Evonne Salinas-Castillo, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-1527-ALL - Before KING, WIENER, and DeMOSS, Circuit Judges. PER CURIAM:* Evonne Ca
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 8, 2006 Charles R. Fulbruge III Clerk No. 05-40533 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EVONNE CASTILLO, also known as Evonne Salinas-Castillo, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-1527-ALL - Before KING, WIENER, and DeMOSS, Circuit Judges. PER CURIAM:* Evonne Cas..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 8, 2006
Charles R. Fulbruge III
Clerk
No. 05-40533
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EVONNE CASTILLO, also known as Evonne Salinas-Castillo,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1527-ALL
--------------------
Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Evonne Castillo appeals her sentence following her jury-
trial conviction on two counts of transporting illegal aliens for
purpose of commercial advantage or private financial gain, in
violation of 8 U.S.C. § 1324.
Castillo argues that the district court erred by not
applying the three-level reduction under the “other than for
profit” clause of U.S.S.G. § 2L1.1(b)(1). Because Castillo was
charged with and the jury found that she transported the illegal
*
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this opinion should not be published and is not precedent except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.
No. 05-40533
-2-
aliens “for purpose of commercial advantage or private financial
gain,” she does not qualify for such a reduction.
Castillo also argues that the district court erred by
increasing her sentence for creating a substantial risk of death
or serious bodily injury to another person based on facts not
alleged in the indictment or found by the jury, in contravention
of United States v. Booker,
543 U.S. 220 (2005), and in violation
of her Sixth Amendment rights. This argument lacks merit. By
rendering the Sentencing Guidelines advisory only, Booker
eliminated the Sixth Amendment concerns that prohibited a
sentencing judge from finding all facts relevant to sentencing.
United States v. Mares,
402 F.3d 511, 519 (5th Cir.), cert.
denied,
126 S. Ct. 43 (2005); United States v. Alonzo, ___ F.3d
___, No. 05-20130,
2006 WL 39119 at * 1-*2 (5th Cir. Jan. 9,
2006).
Post-Booker sentences are reviewed only for
“unreasonableness.”
Mares, 402 F.3d at 518. If, in the exercise
of discretion, the sentencing judge imposes a sentence within a
properly calculated guideline range, we will infer that
consideration was afforded all the factors for a fair sentence
set forth in the Guidelines.
Id. at 519. Moreover, given the
deference due the sentencing judge’s discretion, we will rarely
say that a sentence within the properly calculated Guideline
range was unreasonable.
Id.
No. 05-40533
-3-
Here, the district court fulfilled its duty to consider the
18 U.S.C. § 3553 factors and sentenced Castillo within a properly
calculated guidelines range. Castillo has failed to demonstrate
that her properly calculated guidelines sentence was
unreasonable. See
Mares, 402 F.3d at 519; Alonzo,
2006 WL 39119
at *3.
AFFIRMED.