United States Court of Appeals
Fifth Circuit
F I L E D
June 6, 2007
IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III
Clerk
FOR THE FIFTH CIRCUIT
No. 06-30558
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
CESAR ARMANDO MEDRANO-GARCIA,
also known as Hector Garcia,
Defendant-
Appellant.
--------------------------------------------------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:06-CR-5-ALL
-------------------------------------------------------------
Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Cesar Armando Medrano-Garcia (Medrano) appeals the 64-month sentence he received
following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. He does not
specifically argue that the sentence he received was unreasonable. Instead, he challenges the
constitutionality of the presumption of reasonableness this court affords sentences imposed within
a properly calculated guidelines range, relying on the Supreme Court’s grant of certiorari in Rita v.
United States, 127 S. Ct. 551 (U.S. Nov. 3, 2006) (No. 06-5754), and Claiborne v. United States,
127 S. Ct. 551 (U.S. Nov. 3, 2006) (No. 06-5618).
The grant of certiorari in Rita and Claiborne has no impact on this court’s precedent. See
United States v. Short, 181 F.3d 620, 624 (5th Cir. 1999); see also Ellis v. Collins, 956 F.2d 76, 79
(5th Cir. 1992). Accordingly, the district court’s judgment is AFFIRMED.
-2-