United States v. Villanueva-Garcia

Opinion

United States Court of Appeals Fifth Circuit F I L E D REVISED APRIL 9, 2007 IN THE UNITED STATES COURT OF APPEALS November 27, 2006 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 05-41564 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROLANDO VILLANUEVA-GARCIA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 6:05-CR-23-ALL --------------------

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Rolando Villanueva-Garcia (Villanueva) appeals the sentence

he received after he pleaded guilty to illegal reentry subsequent

to deportation, in violation of 8 U.S.C. § 1326. Villanueva’s

argument that the district court failed to articulate oral and

written reasons for its upward departure from the guidelines

range of imprisonment does not amount to plain error. See United

States v. Olano, 507 U.S. 725, 732-34 (1993); United States v.

Zuniga-Peralta, 442 F.3d 345, 347 (5th Cir.), cert. denied,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41564 -2-

126 S. Ct. 2954 (2006). Nor does his argument that the extent of

the departure was unreasonable show plain error. See Olano, 507

U.S. at 732-34; Zuniga-Peralta, 442 F.3d at 347.

AFFIRMED.