Filed: Apr. 24, 2007
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 April 24, 2007 Charles R. Fulbruge III Clerk No. 06-30478 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CECILIO PEREZ, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-CR-295-ALL - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Cecilio Perez appeals his guilty-plea co
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 24, 2007 Charles R. Fulbruge III Clerk No. 06-30478 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CECILIO PEREZ, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-CR-295-ALL - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Cecilio Perez appeals his guilty-plea con..
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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 April 24, 2007
Charles R. Fulbruge III
Clerk
No. 06-30478
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CECILIO PEREZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-295-ALL
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Cecilio Perez appeals his guilty-plea conviction and
sentence for illegal reentry following deportation in violation
of 8 U.S.C. § 1326. He contends that the presumption of
reasonableness this court accords sentences imposed within the
advisory guideline range erroneously constrains the district
court’s discretion. Specifically, Perez argues that the validity
of this court’s sentencing framework after United States v.
Booker,
543 U.S. 220 (2005), is under consideration by the
Supreme Court in Rita v. United States,
127 S. Ct. 551
*
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this opinion should not be published and is not precedent except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. 06-30478
-2-
(U.S. Nov. 3, 2006) (No. 06-5754), and Claiborne v. United
States,
127 S. Ct. 551 (U.S. Nov. 3, 2006) (No. 06-5618). Thus,
he argues that if the Supreme Court were to find this framework
inconsistent with Booker, he would be entitled to resentencing.
Because an intervening Supreme Court case explicitly or
implicitly overruling prior precedent is required to alter this
court’s precedent, the grants of certiorari in Rita and Claiborne
have no impact on this court’s precedent. See United States v.
Short,
181 F.3d 620, 624 (5th Cir. 1999). In the instant case,
the district court considered the Guidelines and determined that
a sentence at the bottom of the guideline range was appropriate.
Because the court exercised its discretion to impose a sentence
within a properly calculated guideline range, this court may
infer, in its reasonableness review, that the court considered
all the factors for a fair sentence set forth in the Guidelines.
United States v. Mares,
402 F.3d 511, 519 (5th Cir. 2005). This
court has examined the record and concludes that the sentence
imposed by the district court is reasonable.
AFFIRMED.