United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 27, 2006
Charles R. Fulbruge III
Clerk
No. 06-20405
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELENA GUTIERREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-279-3
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Elena Gutierrez pleaded guilty to one charge of conspiracy
to transport aliens within the United States for financial gain.
She appeals her 24-month sentence and argues that the district
court gave insufficient notice of its intent to upwardly depart
at sentencing. This issue is, as she concedes, reviewed for
plain error only due to her failure to object to the alleged
error in the district court. See United States v. Jones, 444
F.3d 430, 433 (5th Cir. 2006). Gutierrez has not shown that the
district court would have imposed a lesser sentence if she had
*
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this opinion should not be published and is not precedent except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. 06-20405
-2-
received advance notice of its intent to depart. Consequently,
she has failed to establish plain error. See id. at 443. The
judgment of the district court is AFFIRMED.