USA v. Santos Rios-Nolasco, No. 10-10735 (5th Cir. 2011)

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Case: 10-10735 Document: 00511441047 Page: 1 Date Filed: 04/11/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10735 Summary Calendar April 11, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SANTOS RIOS-NOLASCO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 2:10-CR-15-1 Before KING, BENAVIDES, and ELROD, Circuit Judges.` PER CURIAM:* Santos Rios-Nolasco appeals from the sentence imposed following his guilty plea conviction for illegal reentry after deportation. He argues that his sentence violates the Cruel and Unusual Punishment Clause of the Eighth Amendment because it was disproportional as to his conduct underlying the offense of conviction. A 57-month sentence for a first illegal reentry offense by a defendant with a prior felony conviction for transportation of illegal aliens is not grossly disproportionate to the crime. See Rummel v. Estelle, 445 U.S. 263, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10735 Document: 00511441047 Page: 2 Date Filed: 04/11/2011 No. 10-10735 284-85 (1980); United States v. Cardenas-Alvarez, 987 F.2d 1129, 1134 (5th Cir. 1993). The district court s judgment is AFFIRMED. 2

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