United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 7, 2006
Charles R. Fulbruge III
Clerk
No. 05-41637
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL ESTEBAN ORTEGA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-215-ALL
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Before JONES, Chief Judge, and SMITH and GARZA, Circuit Judges.
PER CURIAM:*
Daniel Esteban Ortega appeals his ten-month sentence of
imprisonment following his guilty plea conviction for transporting
an unlawful alien within the United States. Ortega argues that the
district court committed plain error by considering that Ortega had
not cooperated with the Government in deciding to sentence him to
imprisonment rather than probation. This was not error. See
Roberts v. United States, 445 U.S. 552, 557-58 (1980); United
States v. Dickson, 712 F.2d 952, 955 (5th Cir. 1983).
*
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this opinion should not be published and is not precedent except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.
Ortega argues that consideration of his lack of cooperation
violated his Fifth Amendment privilege against self-incrimination.
He did not assert the privilege in the district court and, thus,
this issue is deemed waived. See Roberts, 445 U.S. at 559; United
States v. Pool, 660 F.2d 547, 556 (5th Cir. 1981).
AFFIRMED.