United States v. Warfield

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007

Charles R. Fulbruge III Clerk No. 06-30996 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PEARLIE WARFIELD,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:04-CR-60060-3 --------------------

Before DeMOSS, STEWART, and PRADO, Circuit Judges.

PER CURIAM:*

Pearlie Warfield appeals the 15-month sentence she received

following her guilty-plea conviction for conspiracy to commit

health care fraud, in violation of 18 U.S.C. § 371. She argues

that the district court erred in failing to impose a non-

guideline sentence based on her age and health and in restricting

its consideration of the Government’s U.S.S.G. § 5K1.1 motion for

a downward departure to assistance-related concerns only.

As Warfield concedes, her arguments are foreclosed. See

United States v. Guidry, 462 F.3d 373 (5th Cir. 2006); United

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-30996 -2-

States v. Desselle, 450 F.3d 179, 182-83 (5th Cir. 2006), cert.

denied, 127 S. Ct. 1148 (2007). Her contention that Guidry and

Desselle were wrongly decided is unavailing. See United States

v. Short, 181 F.3d 620, 624 (5th Cir. 1999).

The district court’s judgment is AFFIRMED.