United States v. Amaya-Arias , 274 F. App'x 346 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 15, 2008
No. 07-20407
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EVER ALEXANDER AMAYA-ARIAS, also known as Ever Alexander Amaya,
also known as Ever Amaya-Arias
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CR-404-1
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Ever Alexander Amaya-Arias (Amaya) appeals the 29-month sentence
imposed following his guilty plea conviction for illegal reentry following
deportation after a felony conviction. Amaya argues that the district court erred
in treating two of his prior convictions as separate offenses when calculating his
criminal history score under U.S.S.G. § 4A1.2(a)(2). Because Amaya did not
*
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should not be published and is not precedent except under the limited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. 07-20407
object in the district court, review is for plain error. See United States v.
Garcia-Rodriguez, 415 F.3d 452, 454 (5th Cir. 2005).
Amaya contends that the offenses at issue were related because he was
sentenced for these two offenses on the same day, albeit under different cause
numbers. When sentences for factually distinct offenses are imposed “on the
same day and/or in the same proceeding,” those offenses are not considered
related under § 4A1.2. United States v. Huskey, 137 F.3d 283, 288 (5th Cir.
1998). The district court did not commit error, plain or otherwise, in
determining that Amaya’s convictions were unrelated for the purpose of
calculating his criminal history.
AFFIRMED.
2