USA v. Brooks, No. 07-40479 (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. 07-40479 Summary Calendar January 4, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. RONNIE RAYNARD BROOKS Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:06-CR-794-1 Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Ronnie Raynard Brooks was convicted of two charges of aiding and abetting transportation of an alien within the United States and was sentenced to serve 19 months in prison. Brooks appeals his sentence. He argues that the district court clearly erred by determining that his offenses were committed for profit and by sentencing him in accordance with this determination. Our review of the record both refutes Brooks s assertions concerning the propriety of the district court s findings and shows that he was ineligible for the requested * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40479 adjustment under the plain language of the pertinent Guideline. See U.S.S.G. § 2L1.1(b)(1); United States v. Villanueva, 408 F.3d 193, 203 (5th Cir. 2005). Brooks has failed to show error in connection with his sentence. Consequently, the judgment of the district court is AFFIRMED. 2

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