United States v. Flores

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT August 3, 2007
______________________ Charles R. Fulbruge III
Clerk
No. 06-41702
Summary Calendar
________________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HECTOR GARZA FLORES,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Texas
(4:05-CR-96-36)
_________________________________________________________________
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Hector Garza Flores appeals the sentence imposed following his
guilty plea to conspiracy to distribute or possess with intent to
distribute gamma hydroxybutrate, methylenedioxy-methamphetamine,
cocaine, cocaine base, methamphetamine, and marijuana. The
Government has moved for summary affirmance. (The Government’s
alternative motion for an extension of time to file its brief is
DENIED as unnecessary).
*
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this opinion should not be published and is not precedent except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.
Flores maintains his 210-month Guidelines sentence violates
United States v. Booker, 543 U.S. 220 (2005) and is unreasonable.
The presumption of reasonableness afforded a sentence within a
properly calculated advisory Guidelines range is consistent with
Booker. See Rita v. United States, 127 S. Ct. 2456, 2462 (2007).
The record reflects the district court considered Flores’ claims,
the presentence investigation report’s recommendations, the
applicable Guidelines range, and the 18 U.S.C. § 3553(a) factors.
Because the district court exercised its discretion to impose a
sentence within a properly calculated guidelines range, the
sentence is presumptively reasonable, and we may infer that the
district court considered all the factors for a fair sentence set
forth in the Guidelines. See Rita, 127 S. Ct. 2462-70; United
States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006); United States
v. Mares, 402 F.3d 511, 520 (5th Cir.), cert. denied, 126 S. Ct.
718 (2005).
SUMMARY AFFIRMANCE GRANTED;
JUDGMENT AFFIRMED
2