United States Court of Appeals
Fifth Circuit
F I L E D
REVISED APRIL 9, 2007
IN THE UNITED STATES COURT OF APPEALS November 27, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-41564
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROLANDO VILLANUEVA-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:05-CR-23-ALL
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Rolando Villanueva-Garcia (Villanueva) appeals the sentence
he received after he pleaded guilty to illegal reentry subsequent
to deportation, in violation of 8 U.S.C. § 1326. Villanueva’s
argument that the district court failed to articulate oral and
written reasons for its upward departure from the guidelines
range of imprisonment does not amount to plain error. See United
States v. Olano, 507 U.S. 725, 732-34 (1993); United States v.
Zuniga-Peralta, 442 F.3d 345, 347 (5th Cir.), cert. denied,
*
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this opinion should not be published and is not precedent except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. 05-41564
-2-
126 S. Ct. 2954 (2006). Nor does his argument that the extent of
the departure was unreasonable show plain error. See Olano, 507
U.S. at 732-34; Zuniga-Peralta, 442 F.3d at 347.
AFFIRMED.