United States Fifth Circuit

A revocation sentence is affirmed over a claim that defendant was impermissibly sentenced for an uncharged illegal reentry rather than for his underlying drug offense. Under plain error review, defendant could not establish that the district court used an improper sentencing consideration.

Appellate Information

• Decided 04/18/2007
• Published 04/19/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Michelle Palacios (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender, Sarah Beth Landau (argued), Houston, TX, for Defendant-Appellant.