IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21186
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALI RAZAK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-303-1
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September 4, 2002
Before GARWOOD, JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Ali Razak appeals his sentence for illegal reentry after
deportation, in violation of 8 U.S.C. § 1326. Razak challenges
the district court’s two-level upward departure. Because Razak
did not object on this basis below, we review the district
court’s decision to depart from the Sentencing Guidelines for
plain error. See United States v. Alford, 142 F.3d 825, 830 (5th
Cir. 1998).
*
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that this opinion should not be published and is not precedent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. 01-21186
-2-
Although the district court did not explicitly state which
Sentencing Guideline its departure was based on, our review of
the record persuades us that the district court’s departure was
based on U.S.S.G. § 5K2.9, p.s., which provides that an upward
departure may be warranted if the offense of conviction was
committed “in order to facilitate or conceal the commission of
another offense.” The district court found that Razak had
illegally reentered the country for the purpose of committing
additional crimes. We find no plain error in the district
court’s finding or upward departure on this basis.
We also conclude that the two-level upward departure, which
resulted in an additional six months of imprisonment, was
reasonable.
AFFIRMED.