IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                           October 6, 2009
                                     No. 09-50099
                                   Summary Calendar                    Charles R. Fulbruge III
                                                                               Clerk

UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

ADRIAN ZUBIATE-IBARRA, also known as Adrian Zubaiate-Ibarra,

                                                   Defendant-Appellant


                    Appeal from the United States District Court
                         for the Western District of Texas
                           USDC No. 3:08-CR-2428-ALL


Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
       Adrian Zubiate-Ibarra appeals the sentence imposed by the district court
following his guilty plea to a single-count indictment for illegal reentry after
deportation. See 8 U.S.C. § 13269(a). Zubiate contends his sentence was greater
than necessary to meet the sentencing goals of 18 U.S.C. § 3553(a)(2).




       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-50099

      Although post-Booker, the Sentencing Guidelines are advisory only, and
an ultimate sentence is reviewed for reasonableness under an abuse-of-
discretion standard, the district court must still properly calculate the guideline-
sentencing range for use in deciding on the sentence to impose. Gall v. United
States, 

, 596 (2007).       In that respect, its application of the
guidelines is reviewed de novo; its factual findings, only for clear error. E.g.,
United States v. Cisneros-Gutierrez, 

, 764 (5th Cir. 2008); United
States v. Villegas, 

, 359 (5th Cir. 2005).
      Because the 46-month sentence was within the properly calculated
guidelines range, it is presumptively reasonable. See United States v. Campos-
Maldonado, 

, 338 (5th Cir.) (internal quotation marks and citation
omitted), cert. denied, 

(2008). The district court was authorized
to sentence Zubiate to up to 240 months of imprisonment.            See 8 U.S.C. §
1326(b)(2).    Zubiate had two prior drug-trafficking convictions and an
unsatisfactory discharge from probation on one of the prior offenses. He also
was previously implicated in alien-smuggling for profit. In sum, the sentence
was not an abuse of discretion. See 

.
      Zubiate also maintains his sentence was more harsh than that of a
defendant sentenced in a district with an early disposition (fast-track) program.
(Zubiate preserved this issue by raising it in his objections to the Presentence
Investigation Report.) Zubiate acknowledges this issue is foreclosed by our
precedent, United States v. Gomez-Herrera, 

, 563 (5th Cir. 2008),
cert. denied, 

(2008), but raises it to preserve it for possible review
in the Supreme Court.
      AFFIRMED.




                                         2