United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2006
Charles R. Fulbruge III
Clerk
No. 05-11267
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BARTOLO DOMINGUEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-18-1
--------------------
Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Bartolo Dominguez
presents arguments that he concedes are foreclosed by United
States v. Mares, 402 F.3d 511, 519 (5th Cir.), cert. denied, 126
S. Ct. 43 (2005), which held that this court will give great
deference to the sentence imposed when the sentencing judge
follows the principles set forth in Mares, commits no legal error
in the procedure followed in arriving at the sentence, and gives
appropriate reasons for the sentence, by United States v. Alonzo,
435 F.3d 551, 554 (5th Cir. 2006), which held that a sentence
*
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this opinion should not be published and is not precedent except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. 05-11267
-2-
within a properly calculated Guideline range is presumptively
reasonable, and by United States v. Duhon, 440 F.3d 711, 715 (5th
Cir. 2006), petition for cert. filed (U.S. May 18, 2006)(No.
05-11144), which held that the farther a sentence varies from the
applicable Guideline sentence, the more compelling the
justification based on factors in 18 U.S.C. § 3553(a) must be.
The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.