Case: 10-10735 Document: 00511441047 Page: 1 Date Filed: 04/11/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 11, 2011
No. 10-10735
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SANTOS RIOS-NOLASCO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:10-CR-15-1
Before KING, BENAVIDES, and ELROD, Circuit Judges.`
PER CURIAM:*
Santos Rios-Nolasco appeals from the sentence imposed following his
guilty plea conviction for illegal reentry after deportation. He argues that his
sentence violates the Cruel and Unusual Punishment Clause of the Eighth
Amendment because it was disproportional as to his conduct underlying the
offense of conviction. A 57-month sentence for a first illegal reentry offense by
a defendant with a prior felony conviction for transportation of illegal aliens is
not grossly disproportionate to the crime. See Rummel v. Estelle, 445 U.S. 263,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-10735 Document: 00511441047 Page: 2 Date Filed: 04/11/2011
No. 10-10735
284-85 (1980); United States v. Cardenas-Alvarez, 987 F.2d 1129, 1134 (5th Cir.
1993).
The district court’s judgment is AFFIRMED.
2