United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 21, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-41515
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALTON LAMAR MARTIN
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-627-ALL
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Alton Lamar Martin appeals the 39-month sentence he received following
his guilty-plea conviction for transporting illegal aliens for profit, in violation of
8 U.S.C. § 1324. His sole argument on appeal is that the district court erred in
refusing his request for a downward departure, pursuant to U.S.S.G. § 4A1.3(e),
on the ground that his criminal history score overrepresented his criminal past.
*
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should not be published and is not precedent except under the limited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. 06-41515
We lack jurisdiction to consider the argument. See United States v. Hernandez,
457 F.3d 416, 424 (5th Cir. 2006).
The appeal is DISMISSED.
2