United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 6, 2007
Charles R. Fulbruge III
No. 06-40488 Clerk
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSICA YVONNE BARRERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
No. 5:03-CR-1907-ALL
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Jessica Yvonne Barrera pleaded guilty of transporting an un-
documented alien by means of a motor vehicle for private financial
gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (B)(i). On
appeal, this court determined that there was sentencing error under
United States v. Booker, 543 U.S. 220 (2005), vacated the sentence,
and remanded for resentencing. Barrera appeals the sentence im-
posed on resentencing.
*
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this opinion should not be published and is not precedent except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. 06-40488
-2-
Barrera argues that this court’s rulings since Booker have ef-
fectively reinstated the mandatory guideline scheme that was
stricken in Booker; she recognizes, however, that this argument is
contrary to current Fifth Circuit precedent. She does not chal-
lenge the guideline range the district court considered in deter-
mining her sentence, but she urges that her sentence, which is at
the low end of the guideline range, is unreasonable because the
court failed properly to weigh the factors set forth in 18 U.S.C.
§ 3553(a).
The transcript of the resentencing hearing does not support
Barrera’s argument. The district court expressly noted that the
sentence is based on all the information that was before the court,
and the court considered arguments of counsel, Barrera’s state-
ments, and letters that were submitted on her behalf. At the
hearing, counsel argued that Barrera had steady employment, that
she had behaved well while on bond, and that she was remorseful,
and counsel discussed Barrera’s personal circumstances that are set
forth in her briefs.
The record thus reflects the district court’s consideration of
Barrera’s history and characteristics, as set forth in § 3553-
(a)(1). The court not only considered the facts of the offense,
but looked beyond those facts and expressed concern regarding Bar-
rera’s motivation for committing the offense. The record thus re-
flects consideration by the district court of the nature and cir-
cumstances of the offense and the need for the sentence to promote
No. 06-40488
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respect for the law and to afford adequate deterrence to criminal
conduct, as required by § 3553(a)(1), (2)(A), and (B).
The court also considered “the kinds of sentences available”
and the range set forth in the guidelines, as required by § 3553-
(a)(3) and (4). Finally, the court ordered Barrera to participate
in an education program while in prison so she could receive her
high school diploma, as set forth in § 3553(a)(2)(D). The record
thus reflects adequate consideration of the § 3553(a) factors. See
Booker, 543 U.S. at 262-65; United States v. Mares, 402 F.3d 511,
518 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005).
Barrera contends the district court erred by failing to pro-
vide explicit analysis of the § 3553(a) factors. In rejecting Bar-
rera’s request for a sentence that was outside the guideline range,
the court stated, inter alia, that it understood the factors that
it had to consider and that it believed that a sentence within the
guideline range was appropriate. The court was not required to
provide a more explicit statement of its § 3553(a) rationale. See
Mares, 402 F.3d at 519.
Barrera’s sentence is reasonable, see Booker, 543 U.S. at 262-
65; Mares, 402 F.3d at 518-19, and the judgment is AFFIRMED.