United States v. Martinez-Solis , 224 F. App'x 349 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 29, 2007
Charles R. Fulbruge III
Clerk
No. 06-50669
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MERCED MARTINEZ-SOLIS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:05-CR-743
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Merced Martinez-Solis appeals the 24-month non-guidelines
sentence he received after pleading guilty to illegal reentry
following deportation. Martinez-Solis argues that his sentence
is unreasonable because the district court (1) gave significant
weight to an irrelevant factor by sentencing him based on the
seriousness of his prior intoxication manslaughter conviction;
(2) failed to account for a factor that should have received
significant weight by not considering that he was successfully
recovering from alcoholism; and (3) committed a clear error of
*
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this opinion should not be published and is not precedent except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. 06-50669
-2-
judgment in the weight it afforded to his prior convictions that
were not counted in his U.S.S.G. criminal history score compared
against his recovery from alcoholism. Martinez-Solis fails to
demonstrate that the district court abused its discretion with
regard to the reasonableness of the non-guidelines sentence. See
United States v. Reinhart, 442 F.3d 857, 864 (5th Cir.), cert.
denied, 127 S. Ct. 131 (2006); United States v. Smith, 440 F.3d
704, 707-10 (5th Cir. 2006).
AFFIRMED.