United States v. Escobedo

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 18, 2007

Charles R. Fulbruge III Clerk No. 06-40450 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL ANGEL ESCOBEDO,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2276-1 --------------------

Before JONES, Chief Judge, and DAVIS and BARKSDALE, Circuit Judges.

PER CURIAM:*

Miguel Angel Escobedo challenges the 65-month sentence he

received following his guilty-plea conviction for conspiracy to

transport illegal aliens for profit, in violation of 8 U.S.C.

§ 1324. He asserts that his sentence was unreasonable because it

resulted from a larger leadership-role enhancement than his

codefendant/mother received under U.S.S.G. § 3B1.1.

Escobedo has failed to show that his sentence, which fell in

the middle of the properly calculated guidelines range, was

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. unreasonable. See United States v. Nikonova, 480 F.3d 371, 375

(5th Cir. 2007); United States v. Mares, 402 F.3d 511, 518-19 (5th

Cir.), cert. denied, 126 S. Ct. 43 (2005); see also United States

v. Duhon, 440 F.3d 711, 721 (5th Cir. 2006), petition for cert.

filed (May 18, 2006) (No. 05-11144).

The district court’s judgment is AFFIRMED.