United States v. Warfield ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 17, 2007
Charles R. Fulbruge III
Clerk
No. 06-30996
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEARLIE WARFIELD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:04-CR-60060-3
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Pearlie Warfield appeals the 15-month sentence she received
following her guilty-plea conviction for conspiracy to commit
health care fraud, in violation of 18 U.S.C. § 371. She argues
that the district court erred in failing to impose a non-
guideline sentence based on her age and health and in restricting
its consideration of the Government’s U.S.S.G. § 5K1.1 motion for
a downward departure to assistance-related concerns only.
As Warfield concedes, her arguments are foreclosed. See
United States v. Guidry, 462 F.3d 373 (5th Cir. 2006); United
*
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this opinion should not be published and is not precedent except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. 06-30996
-2-
States v. Desselle, 450 F.3d 179, 182-83 (5th Cir. 2006), cert.
denied, 127 S. Ct. 1148 (2007). Her contention that Guidry and
Desselle were wrongly decided is unavailing. See United States
v. Short, 181 F.3d 620, 624 (5th Cir. 1999).
The district court’s judgment is AFFIRMED.