IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50170
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELEUTERIO ZUBIA-MELENDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-95-CR-37
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December 11, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Eleuterio Zubia-Melendez appeals the sentence he received
subsequent to a guilty plea for reentry into the United States
after deportation in violation of 8 U.S.C. § 1326. Having
reviewed the record and the arguments on appeal, we find that the
district court did not commit plain error in making its upward
departure from the sentencing guidelines. See United States v.
Rodriguez-Guzman, 56 F.3d 18, 20-21 (5th Cir. 1995).
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No.
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AFFIRMED.