United States v. Saldana ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50260
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CHARLES SALDANA
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-98-CR-149-ALL
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February 17, 2003
Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Charles Saldana appeals the sentence imposed following the
district court’s revocation of his probation imposed following
his conviction for two counts of tax fraud. Saldana argues that
the sentence imposed was plainly unreasonable because the
district court failed to take into account the factors that it
was required to consider pursuant to 18 U.S.C. § 3553(a).
Because there are no binding guidelines for sentencing after
the revocation of supervised release, such a sentence will be
*
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that this opinion should not be published and is not precedent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. 02-50260
-2-
upheld unless it is imposed in violation of law or is plainly
unreasonable. United States v. Rodriguez, 23 F.3d 919, 920 (5th
Cir. 1994). However, a district court must consider the factors
contained in 18 U.S.C. § 3553(a) in determining the sentence to
be imposed. United States v. Gonzalez, 250 F.3d 923, 929 & n.9
(5th Cir. 2001). Based on the district court’s comments during
the sentencing and its written order, it can be concluded that
the district court at least implicitly considered the relevant
factors. Id. at 930. The sentence imposed was not plainly
unreasonable in light of the violations committed. Saldana’s
sentence is AFFIRMED.