United States v. Aleman

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 6, 2009
• Docket: 08-51135
• Status: Unpublished

Opinion

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

FILED July 6, 2009 No. 08-51135 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ERLAN MAURICIO ALEMAN

Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 1:08-CR-259-ALL

Before REAVLEY, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* Erlan Mauricio Aleman appeals the three-year term of supervised release that he received after he pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326. Aleman correctly concedes that his term of supervised release is reviewed for plain error. See United States v. Peltier, 505 F.3d 389, 391-92 (5th Cir. 2007), cert. denied, 128 S. Ct. 2959 (2008). Aleman fails to show that his within-guidelines term of supervised release is plain error, given that the district

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-51135

court had a reasoned basis for the sentence, which enjoys a presumption of reasonableness. See Rita v. United States, 127 S. Ct. 2456, 2462 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). AFFIRMED.