Filed: Dec. 14, 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 December 14, 2006 Charles R. Fulbruge III Clerk No. 05-51203 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. DOMINGO SUNNY EREDIA Defendant - Appellant - Appeal from the United States District Court for the Western District of Texas USDC No. 5:00-CR-457-2 - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Domingo Sunny Eredia appeals the sentence
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2006 Charles R. Fulbruge III Clerk No. 05-51203 Summary Calendar UNITED STATES OF AMERICA Plaintiff - Appellee v. DOMINGO SUNNY EREDIA Defendant - Appellant - Appeal from the United States District Court for the Western District of Texas USDC No. 5:00-CR-457-2 - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Domingo Sunny Eredia appeals the sentence i..
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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 December 14, 2006
Charles R. Fulbruge III
Clerk
No. 05-51203
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DOMINGO SUNNY EREDIA
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:00-CR-457-2
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Domingo Sunny Eredia appeals the sentence imposed following
the revocation of his supervised release imposed following his
guilty-plea conviction for conspiracy to possess with intent to
distribute 50 grams or more of cocaine base. For the first time
on appeal, Eredia argues that the district court plainly erred by
not allowing him to allocute.
The district court plainly erred by not unequivocally
communicating to Eredia that he had the right to offer any
information of any mitigating circumstances he wished prior to
*
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this opinion should not be published and is not precedent except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. 05-51203
-2-
the pronouncement of sentence. See United States v. Magwood,
445
F.3d 826, 829 (5th Cir. 2006). However, because Eredia has not
shown any objective basis that would have moved the district
court to impose a lower sentence, no miscarriage of justice
occurred, and we will not exercise our discretion to correct this
error. See
id. at 830.
AFFIRMED.