USA v. Roberto Lopez-Garcia, No. 09-50276 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50276 Summary Calendar December 1, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROBERTO LOPEZ-GARCIA, also known as Robert Lopez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:02-CR-624-1 Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* Defendant-Appellant Roberto Lopez-Garcia appeals the 24-month sentence he received following the revocation of his supervised release. Lopez-Garcia contends that his sentence, which exceeded the applicable guidelines range of 12 to 18 months, is greater than necessary to achieve Congress s sentencing goals because it overstates the severity of his violation. We disagree. The sentence imposed falls within the two-year statutory maximum authorized on revocation, and Lopez-Garcia has identified no evidence * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-50276 to support his claim that the sentence is unreasonable or plainly unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005); see also 8 U.S.C. § 1326(a), (b)(2), 3559(a)(2), 3583(e)(3). AFFIRMED. 2

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