USA v. Fuentes-Diaz, No. 06-40750 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-40750 Summary Calendar February 13, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. PEDRO FUENTES-DIAZ Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-9-1 Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Pedro Fuentes-Diaz appeals from his conviction of conspiracy to possess marijuana with intent to distribute. He contends that his 75-month sentence was unreasonable. Fuentes-Diaz was sentenced within the applicable guideline sentencing range, and his sentence is presumptively reasonable. See United States v. Alonzo, 435 F.3d 441, 445 (5th Cir. 2006). Fuentes-Diaz presented no argument in the district court in mitigation of sentence. Moreover, the district court * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40750 adequately explained its reasoning for the sentence it imposed. See Rita v. United States, 127 S. Ct. 2456, 2468 (2007). Fuentes-Diaz has not rebutted the presumption of reasonableness applicable to his within-guidelines sentence, and the district court did not abuse its discretion in imposing Fuentes-Diaz s sentence. See Gall v. United States, 128 S. Ct. 586, 597 (2007). AFFIRMED. 2
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