USA v. Petisca, No. 05-50830 (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 November 7, 2006 Charles R. Fulbruge III Clerk No. 05-50830 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL LAWRENCE PETISCA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CR-146-ALL -------------------Before Jolly, Dennis, and Clement, Circuit Judges. PER CURIAM:* Michael Lawrence Petisca pleaded guilty to two counts of bank robbery. See 18 U.S.C. § 2113(a). He was sentenced prior to the Supreme Court s issuance of United States v. Booker, 543 U.S. 220 (2005). after Booker. His case was remanded for resentencing He now appeals, arguing that the district court erred in denying his request for a non-guideline sentence below the applicable guideline range. The district court adequately addressed the factors in 18 U.S.C. §3553(a). * Petisca has failed to rebut the presumption of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-50830 -2reasonableness attached to his guideline sentence. States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). AFFIRMED. See United

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