IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20496
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERMAN OCHOA-ROZAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-0015-1
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December 23, 2002
Before DAVIS, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Herman Ochoa-Rozas (Ochoa) appeals his 57-month sentence
imposed following a guilty plea to illegal reentry into the United
States following deportation. 8 U.S.C. § 1326(a), (b)(2). For the
first time on appeal, Ochoa challenges the district courts’s upward
departure from the Sentencing Guidelines. See U.S.S.G. § 4A1.3,
p.s. There is no error, plain or otherwise, in the district
court’s decision, as counsel undoubtedly understood when remaining
silent at the announcement of an upward departure.
*
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this opinion should not be published and is not precedent except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. 02-20496
-2-
The district court’s reasons for departing upward were
acceptable and the extent of the departure was reasonable. See
United States v. Route, 104 F.3d 59, 64 (5th Cir. 1997). The
upward departure was not an abuse of discretion. See United States
v. Winters, 174 F.3d 478, 482 (5th Cir. 1999).
AFFIRMED.