IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUITUnited States Court of Appeals
Fifth Circuit
F I L E D
No. 06-41651 September 24, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
HECTOR SOTO
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:03-CR-341-8
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Having pleaded guilty, Hector Soto contests his 120-month sentence for
harboring more than 100 illegal aliens for private financial gain, in violation of
8 U.S.C. § 1324. Soto contends for the first time on appeal that the district court
erred by increasing his sentence based on hearsay and unsworn statements in
violation of his Sixth Amendment right to confront witnesses, as set forth in
Crawford v. Washington, 541 U.S. 36 (2004).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41651
Our review is only for plain error. There was no error because the
Confrontation Clause does not apply at sentencing. United States v. Mitchell,
484 F.3d 762, 776 (5th Cir. 2007); United States v. Beydoun, 469 F.3d 102, 108
(5th Cir. 2006). Restated, Soto’s Crawford claim is foreclosed.
AFFIRMED.
2