USA v. Gutierrez, No. 06-20405 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 27, 2006 Charles R. Fulbruge III Clerk No. 06-20405 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELENA GUTIERREZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-279-3 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Elena Gutierrez pleaded guilty to one charge of conspiracy to transport aliens within the United States for financial gain. She appeals her 24-month sentence and argues that the district court gave insufficient notice of its intent to upwardly depart at sentencing. This issue is, as she concedes, reviewed for plain error only due to her failure to object to the alleged error in the district court. F.3d 430, 433 (5th Cir. 2006). See United States v. Jones, 444 Gutierrez has not shown that the district court would have imposed a lesser sentence if she had * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-20405 -2received advance notice of its intent to depart. she has failed to establish plain error. Consequently, See id. at 443. judgment of the district court is AFFIRMED. The

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