USA v. Amanda Bermea, No. 09-50345 (5th Cir. 2010)

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Case: 09-50345 Document: 00511001639 Page: 1 Date Filed: 01/12/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50345 Summary Calendar January 12, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. AMANDA CELINA BERMEA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:05-CR-330-1 Before WIENER, DeMOSS, and SOUTHWICK, Circuit Judges. PER CURIAM:* Amanda Celina Bermea appeals the 30-month sentence imposed following the revocation of her supervised release for failing to submit to drug testing, failing to attend drug counseling, and failing to report to her probation officer. Bermea argues that her sentence, which was above the guidelines range, is unreasonable because it is greater than necessary to accomplish the sentencing objectives of 18 U.S.C. § 3553(a). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 09-50345 Document: 00511001639 Page: 2 No. 09-50345 Date Filed: 01/12/2010 Because Bermea did not object to the reasonableness of her sentence in the district court, review is limited to plain error only. See United States v. Whitelaw, 580 F.3d 256, 259 (5th Cir. 2009). The 30-month sentence did not exceed the statutory maximum term of imprisonment authorized upon revocation of supervised release. Bermea has therefore not shown plain error with regard to the reasonableness of her sentence. See id. at 265. AFFIRMED. 2

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