United States v. Roth

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 10, 2003 Charles R. Fulbruge III Clerk No. 02-30894 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RHONDA RENEE ROTH, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Louisiana (99-CR-20078-1) -------------------- Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Defendant-Appellant Rhonda Renee Roth pleaded guilty to theft of mail, a violation of 18 U.S.C. § 1708, and was sentenced to probation. Roth appeals her sentence following the district court’s revocation of probation. Roth contends that the district court’s sentence of two years’ imprisonment was plainly unreasonable. Roth has not shown that her sentence was illegal or unreasonable. See United States v. Pena, 125 F.3d 285, 287 (5th Cir. 1997). Roth also argues that * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the district court erred by sentencing her in excess of her original guidelines sentencing range. This argument is, as she concedes, foreclosed by our precedent. See id. The judgment of the district court is AFFIRMED. 2