IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50941
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER LIRA-CHAVARRIA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-54-ALL
- - - - - - - - - -
August 25, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Javier Lira-Chavarria appeals the district court’s decision
to depart upward in sentencing him for illegal entry into the
United States after deportation. The district court departed
upward on the basis that Lira-Chavarria’s criminal history
category did not adequately reflect the seriousness of his past
criminal conduct and the likelihood that he would commit other
crimes. See U.S.S.G. § 4A1.3. The information in the
presentence investigation report (PSR) indicated that Lira-
*
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that this opinion should not be published and is not precedent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. 98-50941
-2-
Chavarria had a lengthy history of violent crimes and of illegal
entries into the United States after being deported.
In light of the information in the PSR, the district court
did not err in sentencing Lira-Chavarria to 144 months of
imprisonment. See United States v. McDowell, 109 F.3d 214, 216
(5th Cir. 1997).
AFFIRMED.